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Discovered I missed filing FBAR and Form 8938 for last 5 years - looking for advice

Hey everyone, I'm in a bit of a panic and could really use some guidance here. So I've been living and working in the US since 2017, filing my taxes every year. Before moving here, I worked in Germany and France where I still have 2 bank accounts that together hold about $180K. I literally just found out this week about FBAR and Form 8938 requirements because I'm planning to transfer this money to the US. I had absolutely no idea these forms existed until now! These accounts haven't generated much income - maybe around $450-500 in capital gains annually from some ETF trades, but the total amount has stayed pretty stable over the years. From what I've frantically researched so far: 1. Filing the missing FBARs for all 5 years shouldn't be a huge problem and would likely be approved without penalties (99% chance?). I understand FBAR is handled by FinCEN, not IRS. 2. But I'm really worried about the missing Form 8938s since those carry potential $10K penalties PER FORM/YEAR. I see a few options: - Use the Streamlined Filing Compliance Procedures, but the 5% penalty seems steep - Just file Form 8938 for 2022 tax year as if it's new (a CPA suggested this approach) Another possibility someone mentioned is transferring the money to family members abroad and then receiving it back as a "gift." All this money was legally earned and taxed in the EU countries before I became a US citizen. What would you recommend to minimize my risk of penalties? I'm really stressed about this! Thanks in advance for any advice!

GalaxyGlider

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I completely understand the overwhelming anxiety you're experiencing - I went through something very similar about 18 months ago with accounts in Switzerland that I'd maintained since my university days there. The combination of discovering multiple years of missed filings plus the potential penalty amounts can be genuinely terrifying at first. From reading your situation, you have several factors strongly working in your favor that should provide significant reassurance: 1. **Consistent tax filing history** - You've been diligently filing US tax returns every year since 2017, which demonstrates good faith compliance efforts 2. **Income properly reported** - You mention the accounts generated minimal gains ($450-500 annually), and if you've been including this on your tax returns, you're in a much better position than someone who failed to report income entirely 3. **Legitimate source of funds** - The money was legally earned and taxed in EU countries, showing no intent to hide assets 4. **Proactive discovery** - You're addressing this voluntarily rather than after IRS contact, which the IRS views very favorably Based on these factors, you would likely qualify for the **Delinquent FBAR Submission Procedures** rather than the more expensive Streamlined program (assuming you've been properly reporting the account income on your tax returns). This could mean no penalties at all if you can demonstrate reasonable cause. Please absolutely avoid the "family gift" suggestion - that type of restructuring specifically to avoid reporting requirements could be viewed as willful evasion and potentially make your situation much worse. Given the $180K total and complexity of international compliance procedures, I'd strongly recommend getting a consultation with a tax professional who specializes in these matters. The peace of mind and proper guidance will be worth the investment to ensure you choose the optimal resolution path. You're going to get through this successfully - the fact that you're handling it proactively puts you in a much stronger position than you might realize!

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Dylan Cooper

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GalaxyGlider, thank you so much for this incredibly thorough and reassuring response! Your breakdown of the factors working in my favor really helps put things in perspective. I've been so focused on the scary penalty amounts that I hadn't fully appreciated how the fact that I've been consistently filing taxes and reporting income demonstrates good faith. Your point about the Delinquent FBAR Submission Procedures vs. Streamlined is really helpful. I think I was getting confused by all the different programs, but it makes sense that since I've been reporting the minimal income on my tax returns, I wouldn't need the more expensive option designed for people who failed to report income entirely. I'm definitely heeding everyone's warnings about the "family gift" idea - that suggestion made me uncomfortable from the start and it's clear it could create much bigger problems than it would solve. I really appreciate you taking the time to share such detailed guidance. This community has been amazing in helping me move from pure panic to having an actual plan. I'm going to schedule a consultation with an international tax specialist this week to make sure I handle this properly. It's such a relief to know that other people have successfully navigated similar situations. Thank you for helping restore my confidence that this can be resolved!

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GalaxyGazer

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I was in almost exactly your situation about 3 years ago - discovered I'd missed 4 years of FBAR filings for accounts in the UK totaling about $160K. The initial panic is absolutely brutal, but I want to reassure you that this is more common than you think and very manageable when handled correctly. From your description, it sounds like you've been properly reporting the income from these accounts on your tax returns, which puts you in the best possible position. This likely means you qualify for the Delinquent FBAR Submission Procedures rather than the Streamlined program - potentially saving you thousands in unnecessary penalties. The key things that worked in my favor (and should work in yours too): - Consistent tax filing history showing good faith compliance - Minimal unreported income (the IRS cares most about lost tax revenue) - Legitimate source of funds from pre-US earnings - Voluntary disclosure before any IRS contact I ended up filing all my missing FBARs with a reasonable cause statement explaining my genuine lack of awareness about the requirement. The process took about 6 months total, and I received confirmation letters with no penalties assessed. Whatever you do, please avoid that "family gift" suggestion - it could be viewed as intentional evasion and turn a manageable situation into a much bigger problem. Given the amounts involved, definitely worth consulting with an international tax specialist to ensure you choose the right compliance path. You're going to get through this just fine - addressing it proactively like you're doing is exactly the right approach!

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Great discussion here! As someone who went through this exact decision last year with my spouse's consulting business, I wanted to add a few practical tips that helped us figure out the best approach. First, don't forget about the QBI (Qualified Business Income) deduction - it's available regardless of filing status, but your combined income when filing jointly might affect the income thresholds where limitations kick in. For 2025, the phase-out starts at $383,900 for joint filers vs $191,950 for separate filers. Second, consider estimated tax payments. When filing jointly, you can use either spouse's income to cover the safe harbor rules for estimated taxes, which can make quarterly planning much easier with irregular business income. Finally, here's something that saved us money: filing jointly allowed us to bunch itemized deductions more effectively. We could time business expenses and personal deductions (like charitable contributions) in the same tax year to exceed the standard deduction threshold, then take the standard deduction in alternating years. This strategy doesn't work as well when filing separately due to the lower standard deduction amounts. Definitely run the numbers both ways, but in most cases the joint filing benefits outweigh the separate filing "safety" for business owners.

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Aisha Jackson

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This is incredibly helpful! I hadn't considered the QBI deduction thresholds when comparing joint vs separate filing. Quick question - when you mention "bunching" deductions, how exactly does that work with business expenses? Can you time when you pay for business items, or are you talking more about the personal itemized deductions like charitable contributions? My wife's business has some flexibility in when she purchases equipment, so I'm wondering if we could strategically time those expenses along with our personal deductions to maximize the benefit in alternating years.

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Paloma Clark

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Great question! For business expenses, you're generally required to deduct them in the year they're incurred for business purposes, so you can't really manipulate timing just for tax strategy. However, there is some flexibility with certain items like equipment purchases - if your wife buys business equipment near year-end, she might be able to choose between taking the full Section 179 deduction in the current year or depreciating it over time. The "bunching" strategy I mentioned works much better with personal itemized deductions that you have more control over - things like charitable contributions, medical expenses (if you can time elective procedures), or even property tax payments if your local jurisdiction allows it. The idea is to bunch these controllable deductions into one tax year to exceed the standard deduction, then take the standard deduction in off years. Since you're filing jointly, you have that higher $27,800 standard deduction threshold to work with, which makes the bunching strategy more effective than if you were filing separately with the lower $13,900 thresholds.

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Maya Jackson

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One aspect that hasn't been covered yet is how filing jointly vs. separately affects your ability to claim business losses. If your wife's business has a loss in any given year, filing jointly often provides better tax benefits since the business loss can offset your W-2 income more effectively. With married filing jointly, you have access to higher income thresholds before passive activity loss limitations kick in. The at-risk rules and passive activity rules can be more favorable when you're combining incomes on a joint return. Also worth noting - if your wife's business qualifies as a "small business" under Section 448 (generally under $27 million average gross receipts), filing jointly might help you stay under various thresholds that could require more complex accounting methods. The key is really running both scenarios with your actual numbers. Every couple's situation is different, but I've found that the math usually favors joint filing unless there are specific circumstances like income-based loan repayments or one spouse having significant liability concerns.

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NeonNebula

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This is a really important point about business losses that I haven't seen discussed much elsewhere! My spouse had a rough first year with her photography business and we actually ended up owing less in taxes because the business loss offset my regular job income when we filed jointly. I'm curious though - are there any situations where having business losses on a joint return could actually hurt you? Like does it affect eligibility for certain tax credits or anything like that? We're planning ahead for next year since her business is still building up and might have another loss year. Also, when you mention the Section 448 thresholds, does that $27 million limit apply to the business alone or our combined household income? Just want to make sure we understand this correctly since it sounds like it could affect our accounting requirements.

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Darren Brooks

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One thing nobody mentioned - have you looked into whether you qualify as a "public charity" rather than just a general non-profit? For our community sports complex, we emphasize the scholarships we provide to underprivileged youth and our free community programs. This helped us get 501(c)(3) status.

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Rosie Harper

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This is exactly what worked for us! We had to track and document our community benefit programs very carefully. The IRS wants to see measurable impact - like "provided 250 free junior golf lessons to Title I school students" rather than just saying "we have community programs.

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As someone who's worked with several recreational facilities on their non-profit applications, I'd strongly recommend documenting everything you're already doing that serves the community. Keep detailed records of your junior golf programs - how many kids participate, what their family income levels are, how many receive reduced fees or scholarships. The IRS wants to see quantifiable community benefit, not just good intentions. Track things like: number of community events hosted, charitable tournaments and funds raised, partnerships with local schools, accessibility accommodations you provide, and any environmental conservation efforts on the course. Also, make sure your governing documents (articles of incorporation, bylaws) clearly state your charitable purposes and include the required dissolution clause that assets go to another 501(c)(3) if you ever dissolve. Many applications get rejected simply because the paperwork doesn't match what the organization actually does. The disconnect between your state recognition and federal issues might be exactly this - different standards for documentation and proof of charitable purpose.

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StarStrider

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This is incredibly helpful advice! I think our biggest issue might be exactly what you described - we're doing a lot of community-focused work but not documenting it properly. We run weekly junior clinics and have partnerships with three local high schools, but I doubt our bookkeeper is tracking participation numbers or demographics in a way the IRS would find meaningful. Do you have any suggestions for what kind of record-keeping system would work best? Right now we just have people sign up and pay (or not pay) but we're not really collecting data about family income or tracking outcomes. Should we be surveying participants or requiring income verification for reduced fees?

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Laura Lopez

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I'm dealing with a similar situation after my grandmother passed three months ago, and I wanted to share what I've learned that might help. The estate has been generating income from her rental property and some stock dividends, and I was initially terrified about the quarterly payment requirements. First, don't panic about missing the April deadline - there are several penalty relief options available, especially for first-year estates. I was able to get penalties waived by demonstrating that as a first-time executor, I had reasonable cause for the delay while learning about these requirements. One thing that really helped me was understanding that you have options for calculating the payments. The safe harbor method (paying 100% of current year liability or 100%/110% of prior year) gives you certainty, but if your uncle had little to no tax liability in his final year, the annualized income method might work better given the uneven nature of estate income. Also, make sure you're properly distinguishing between income that belongs to the estate versus income that should be reported by beneficiaries. This was a major source of confusion for me initially. Rental income from properties still held by the estate definitely counts, but the treatment of dividends depends on several factors including when they were declared and paid. I'd strongly suggest getting at least a consultation with a CPA who specializes in estate taxes. Even if you handle some of the legwork yourself, having someone review your approach can prevent costly mistakes. The quarterly payment system continues as long as the estate remains open, so getting it right from the start is crucial.

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This is such helpful advice, thank you! I'm actually in a very similar boat - my aunt passed away two months ago and left me as executor of her estate. She had rental income and some dividend-paying stocks, and I had no idea about these quarterly payment requirements until last week when I finally met with her accountant. I'm curious about the penalty waiver you mentioned for first-time executors. Did you have to file a specific form or just write a letter explaining the situation? I'm already past the April deadline and getting worried about accumulating penalties while I'm still trying to figure out what the estate even owns. Also, when you say "income that belongs to the estate versus income that should be reported by beneficiaries" - how do you make that determination? I'm the sole beneficiary, but the estate is still open and I haven't distributed any assets yet. Does that mean all the income should be reported on the estate's 1041 for now?

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Great questions! For the penalty waiver, I filed Form 2210 with my estate's tax return and included a written statement explaining that as a first-time executor with no prior estate administration experience, I had reasonable cause for the delay. I documented that I was unaware of the quarterly payment requirements and was in the process of learning my duties. The IRS accepted this explanation - they seem to understand that estate administration involves a steep learning curve. Regarding income attribution since you're the sole beneficiary but haven't distributed assets yet - yes, all income generated by estate assets should be reported on Form 1041 until you actually distribute those assets to yourself. The key date is when distributions occur, not when they're planned. So rental income and dividends from stocks still held in the estate's name go on the 1041. Once you distribute assets to yourself, any income they generate after the distribution date goes on your personal return. You'll receive a Schedule K-1 from the estate showing your share of estate income for your personal taxes. One tip: keep detailed records of distribution dates since they affect which tax year income gets reported where. Also, consider the timing of distributions strategically - sometimes it makes sense to distribute income-producing assets before year-end to shift income to beneficiaries who might be in lower tax brackets.

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I'm sorry for your loss, Paolo. Dealing with estate taxes while grieving is incredibly stressful, but you're asking the right questions and there's definitely help available. Based on what you've described - $4,500 monthly rental income plus dividends - the estate will almost certainly need to make quarterly estimated payments. The good news is that since this appears to be the first tax year for your uncle's estate, you have several options for penalty relief even if you've missed the April 15 deadline. Here's what I'd focus on immediately: 1. **Calculate your next payment**: The June 16, 2025 deadline is coming up. You can use the safe harbor method - pay either 90% of this year's expected tax liability or 100% of last year's liability (110% if estate income exceeds $150,000). 2. **Consider penalty relief**: First-time executors often qualify for reasonable cause penalty waivers. Document that you're new to this role and were unaware of the requirements while learning your duties. 3. **Get organized quickly**: Start tracking all estate income and expenses monthly. You'll need this for both quarterly payments and the annual Form 1041. The rental income definitely belongs to the estate until you distribute those properties. For the dividends, it depends on when they were declared and paid relative to your uncle's passing. I know it feels overwhelming, but thousands of people navigate this successfully every year. Consider getting at least a consultation with a CPA who specializes in estate taxes - they can review your specific situation and help you avoid costly mistakes going forward. You've got this!

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Thank you so much for breaking this down, Anastasia. Your timeline and action items are exactly what I needed to hear right now. I've been feeling completely overwhelmed trying to figure out where to even start. The June 16 deadline you mentioned is really helpful - I didn't realize how soon that was coming up. I'm going to start gathering all the income documentation this week so I can calculate what we owe using that safe harbor method you described. One quick question though - when you say "100% of last year's liability," do you mean my uncle's personal tax liability from his final return, or would there be a separate estate return from last year? He passed away in March, so this would be the first year the estate exists as a separate entity, right? Also, really appreciate the reassurance that first-time executors can get penalty relief. I've been losing sleep over this thinking I'd already messed everything up irreparably. Going to document everything about my learning process in case I need to request that waiver.

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This is such a helpful thread! I'm dealing with a similar situation as the trustee for my grandmother's trust. One thing I'd add is that you should also check if your state has any mobile apps for tax payments - I discovered that Colorado and Arizona both have mobile apps that work for trust payments, which is super convenient for making those quarterly payments on the go. Also, a heads up for anyone using rental property income in their trust calculations - make sure you're accounting for depreciation correctly when calculating your estimated payments. I made the mistake of not adjusting for depreciation recapture in my first year and ended up with a pretty significant underpayment penalty. The IRS was understanding when I explained it was my first year as trustee, but it's definitely something to watch out for. Has anyone here dealt with trusts that have income from multiple states? I'm trying to figure out if I need to make estimated payments in each state where we have rental properties or if there's some kind of reciprocity agreement I should know about.

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Savannah Vin

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Great question about multi-state rental income! I'm new to managing trusts but from what I understand, you typically need to file and make estimated payments in each state where the trust has rental properties that generate income. There usually isn't reciprocity for rental income like there might be for wages. Each state will want their share of the tax on rental income generated within their borders. You'll need to apportion the trust's income by state and make estimated payments accordingly. I'd definitely recommend checking with a tax professional who specializes in trusts for multi-state situations - the rules can get pretty complex, especially if you have properties in states with different tax years or payment schedules. Also, thanks for the tip about the mobile apps! I had no idea some states offered that option for trust payments. That would definitely make the quarterly payments much more manageable.

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Malik Davis

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This is such a comprehensive discussion! As someone who's been managing trust taxes for about 3 years now, I wanted to add a few practical tips that might help others: First, when setting up EFTPS for your trust, make sure you have the original trust document handy - they sometimes ask for specific language from the trust agreement to verify your authority as trustee. Also, if you're managing multiple trusts, you'll need separate EFTPS enrollments for each one, which can take up to 2 weeks each. For state payments, I've found that keeping a spreadsheet with each state's specific requirements is invaluable. Some states require you to indicate "trust" in a specific field during registration, while others automatically detect it from your EIN format. One thing I learned recently is that some states (like Georgia and North Carolina) have switched to new online systems in the past year, so if you set up accounts a while ago, you might need to re-register. Always double-check that your payments are going through correctly, especially after any system updates. Also, for anyone dealing with irrevocable trusts specifically - some states have different online payment procedures for irrevocable vs. revocable trusts, so make sure you're selecting the right trust type during registration to avoid any complications down the road.

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This is incredibly helpful information! I'm just getting started as a trustee for my uncle's trust and feeling pretty overwhelmed by all the different requirements. The tip about keeping a spreadsheet for each state's requirements is brilliant - I was trying to keep track of everything in my head and it was getting confusing fast. Quick question about the EFTPS enrollment - when you say they might ask for specific language from the trust agreement, do you mean they want to see the exact wording that names you as trustee? I want to make sure I have the right sections ready when I call them. Also, thanks for the heads up about Georgia and North Carolina updating their systems. Our trust has a rental property in Georgia, so I'll definitely need to check if I need to re-register there. This whole thread has been such a lifesaver for someone new to this!

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