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Failed to file FBAR last year with minimal unreported income - Should I use Delinquent disclosure or SDOP with $9k+ penalty?

I recently discovered that I completely forgot to file my FBAR last year and I'm trying to figure out the best path forward since it looks like I'm in a bit of a pickle. Would appreciate any advice! After doing some research, I think I have three options, but none of them seem great. The unreported dividend income from some foreign stocks I have is only $21, which feels ridiculous to be worried about, but here we are. Option A: Do a delinquent disclosure and amend my tax return to report the $21 in dividend income. Then just hope I don't get audited or that they'll be lenient since it's such a small amount (even though technically delinquent disclosure is only for situations with zero unreported income). Option B: Go through the streamlined domestic offshore procedure (SDOP) to properly report the $21, but this comes with a hefty 5% penalty on the highest aggregate balance in my foreign accounts, which would cost me around $12,000. This feels absolutely insane for $21 of missed income. Option C: Just do the delinquent disclosure for the FBAR but don't mention the $21 income or amend my return. The financial institution currently has no indication I'm in the US, so maybe it won't get reported to the IRS anyway? I'm still residing in the US, otherwise I'd qualify for the Streamlined Foreign Offshore Procedures which would be much better. Am I missing any other options here? The penalty amount compared to the unreported income seems completely disproportionate.

Has anyone actually gone the SDOP route for small amounts like this? I'm curious what the experience was like and if they actually enforce the full 5% penalty on your highest balance.

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Jamal Carter

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I went through SDOP last year for about $200 of unreported interest income from an account in Japan. They absolutely enforced the full 5% penalty on my highest aggregate balance of around $80k, so I paid about $4,000 in penalties. It was painful but I wanted to be fully compliant and sleep at night. The process itself was straightforward but documentation-heavy. Had to submit 3 years of amended returns and 6 years of FBARs. No audit so far, but it was expensive for peace of mind.

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I went through almost exactly this situation two years ago with $18 of unreported dividend income from a Canadian account. After consulting with a tax attorney, I went with Option A - filed the delinquent FBAR and amended my return to report the income. The key is crafting a solid reasonable cause statement that emphasizes three things: 1) You were unaware of the FBAR requirement, 2) The amount of unreported income is truly minimal, and 3) You're voluntarily coming forward to correct the oversight as soon as you discovered it. I included documentation showing when I first learned about FBAR requirements and explained that the oversight was clearly not willful given the tiny amount involved. The IRS accepted my reasonable cause explanation and I received no penalties. The SDOP penalty structure is designed for situations involving significant tax avoidance, not honest mistakes with minimal amounts. For $21 of income, paying thousands in penalties would be completely disproportionate. Option A is definitely your best path forward - just make sure to document everything properly and be completely honest in your reasonable cause statement.

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This is really helpful to hear from someone who went through almost the identical situation! Could you share any specifics about what you included in your reasonable cause statement? I'm trying to figure out the right balance between being thorough and not over-explaining. Also, how long did it take to hear back from the IRS after you filed everything?

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Ava Thompson

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Has anyone used TurboTax for farm stuff like this? Their self-employed version claims to handle Schedule F but I'm wondering if it's adequate for something specific like alpaca farming or if I should find an accountant who specializes in agriculture.

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Miguel Ramos

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I used TurboTax for my small herb farm for 2 years and it was ok for basic stuff, but missed some agricultural-specific deductions. Switched to an ag accountant last year and she found about $4k more in legitimate deductions TurboTax never prompted me for. Worth the extra cost.

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Aisha Ali

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I've been raising alpacas for fiber and meat for about 4 years now, so I can share some real-world experience here. You're absolutely on the right track - alpacas for meat production definitely qualify for farm tax deductions just like any other livestock. A few practical tips from my experience: First, document EVERYTHING from day one. I keep detailed records of feed costs, vet bills, fence repairs, even my mileage to livestock auctions. The IRS loves paper trails. Second, get your business license and EIN right away - it shows you're serious about this being a business, not a hobby. One thing that's helped me is connecting with other alpaca farmers in my area. There's actually a growing network of meat producers (it's gaining popularity!). Having documentation of market research and connections to buyers really strengthens your case that this is a legitimate business venture. Also, consider starting with breeding stock rather than just meat animals. You can sell offspring for both breeding and meat, which diversifies your income streams and makes the profit motive more obvious to the IRS. Plus, breeding animals have different depreciation schedules that can be advantageous. The 5-acre property should be perfect for 3-4 alpacas. Just make sure you're using the land primarily for the farming operation to maximize your deductions.

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Has anyone used TurboTax for this situation? I've been using it for years but now I'm wondering if it's been calculating my federal disability retirement correctly. Does it know to use Box 2a instead of Box 1?

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I use TurboTax and it actually asks you to enter both Box 1 and Box 2a separately. If you've been entering both correctly, it should be using the Box 2a amount as your taxable income. But if you've only been entering Box 1 or didn't understand what it was asking, then you might have the same issue as OP.

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This is exactly the kind of issue that highlights why federal employee retirement taxation can be so tricky. As others have mentioned, you're absolutely correct that Box 2a should be used for your taxable income calculation, not Box 1. For federal law enforcement officers with disability retirements, the tax-exempt portion typically comes from one of two sources: either contributions you made with after-tax dollars during your service, or the portion of your retirement that qualifies as disability compensation under federal tax code. Since you mentioned this has been happening for years, I'd strongly recommend pulling together your last 3-4 years of tax returns and 1099-R forms to compare what was reported versus what should have been reported. The potential refunds could be substantial. One thing to be aware of - when you file amended returns for this type of correction, make sure to clearly document that you're correcting the use of Box 1 versus Box 2a amounts. The IRS sees a lot of federal employee retirement tax corrections, so they're familiar with this issue, but clear documentation helps ensure smooth processing. Also, if you have access to your OPM retirement account online, they often have explanatory documents that break down exactly why there's a difference between your gross and taxable amounts, which can be helpful supporting documentation.

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Maya Patel

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This is really helpful information, thank you! I'm new to dealing with federal retirement taxes and this whole thread has been eye-opening. I had no idea there could be such a significant difference between what's in Box 1 versus Box 2a on the 1099-R. I'm curious - you mentioned that OPM retirement accounts online might have explanatory documents. Do you know specifically what these documents are called or where to find them? I've been logging into my OPM account but haven't seen anything that clearly explains the tax breakdown of my retirement payments. Also, for someone who's never filed an amended return before, is there a specific form I should use, or can this be done through tax software like the others mentioned? I'm feeling a bit overwhelmed by the process but excited about the possibility of recovering overpaid taxes.

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Sean O'Brien

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I checked my transcript and it showed code 570 and 971. After staring at the IRS website trying to decode what was happening, I tried taxr.ai. It immediately showed me I had a math error on my return that was causing the delay. Fixed it with a quick call to the IRS and my refund was approved 2 days later. Would never have figured this out from the WMR tool!

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I'm dealing with the exact same situation! Filed on 1/28, got my state refund last week with TurboTax fees deducted (which was definitely a surprise), and my federal is still showing "no record of filing" on WMR. It's so frustrating not knowing what's actually happening behind the scenes. From reading everyone's responses here, it sounds like this is unfortunately the new normal for 2024. I might try checking my transcript or using one of those services people mentioned to get some clarity on what's actually going on with my return. Thanks for posting this - at least now I know I'm not alone in this mess!

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You're definitely not alone! I'm going through the exact same thing - filed 1/25 and still stuck on "no record of filing" while my state already processed. It's so stressful not knowing if there's an actual problem or if it's just normal delays this year. Reading through all these responses has been really helpful though. Sounds like getting the transcript is the key to understanding what's really happening, even if it requires some help to decode it. Hang in there!

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Rhett Bowman

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This is a really tricky situation and I appreciate everyone sharing their experiences. I'm dealing with something similar but from a different angle - my self-directed IRA owns land that I was planning to develop, but after reading all these responses I'm wondering if I should pivot entirely. One thing I haven't seen mentioned is the timing aspect of UBIT. Does anyone know if the IRS has a specific threshold for what constitutes "development" versus "improvement"? For example, if I just put in utilities and a gravel pad for an RV rental instead of building a full structure, would that potentially avoid crossing into the development/active business territory? Also, @Gavin King, your point about running the numbers is spot on. I think a lot of people (myself included) get caught up in the tax-deferred growth benefits without actually calculating whether the UBIT complexity is worth it. Have you found any good resources or spreadsheets for modeling these scenarios? I'd love to run my own numbers before making any irreversible decisions.

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Great question about the development vs. improvement distinction! From what I've researched, the IRS doesn't have a bright-line test, but they generally look at the scope and nature of the work. Adding utilities and a gravel pad for RV rental might still trigger UBIT concerns since you're essentially creating income-producing infrastructure where none existed before. The key factors the IRS considers are: 1) How much work/investment is involved, 2) Whether you're creating new income streams vs. maintaining existing ones, and 3) The level of ongoing management required. Even "simple" improvements like utilities can cross into active business territory if they're part of creating a rental operation from scratch. For modeling resources, I've found the IRS Publication 598 examples helpful for understanding the calculations, though they're pretty basic. Most tax software doesn't handle UBIT scenarios well, so I ended up building a custom spreadsheet. The tricky part is projecting both the annual UBIT on rental income AND the eventual UBIT on disposition, then comparing that to early distribution scenarios at different time horizons. Have you considered consulting with a self-directed IRA specialist before making any moves? Given the complexity and potential tax consequences, it might be worth the upfront cost to get professional guidance specific to your situation.

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I've been following this thread closely as someone who went through a similar decision process with my self-directed IRA real estate investment. One thing that really helped me was getting clear on the IRS's actual definition of what constitutes "development" versus passive real estate investment. From my research and consultation with a tax attorney who specializes in ERISA law, the key distinction isn't just about building something new - it's about the level of activity and business operations involved. Even buying an existing rental property can potentially trigger UBIT if you're actively managing it as a business (like doing significant renovations, marketing, tenant screening, etc.) rather than hiring a third-party management company. In your case, Joshua, since you're talking about building from scratch AND planning to manage it as an AirBNB, you're definitely in active business territory. The AirBNB aspect alone - with the frequent turnover, cleaning, guest communication, marketing - is exactly the kind of active management that triggers UBIT concerns. One alternative I haven't seen mentioned: Could you partner with a qualified third party (not a disqualified person under IRA rules) who would handle all the development and ongoing management? Your IRA could be a passive investor in their project rather than the active developer. This might help you achieve your real estate exposure while staying in the passive investment lane. The math really does matter here though. Sometimes the simplest solution is the best one, even if it means taking the distribution penalty.

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