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Anna Xian

Forgot to file Form 8938 last year as a new resident alien - what should I do?

So I moved to the US a while back and was a student until I became a resident alien in 2023. I just found out today that I was supposed to file Form 8938 for foreign financial accounts over $50,000! I've been filing my FBARs correctly, but completely missed this requirement. I already submitted my 2024 tax return and also realized I didn't report some Canadian income from selling stocks in December (around $200). I'm planning to amend my 2024 return to fix the income issue, claim the Foreign Tax Credit, and add the Form 8938. But I'm really worried about 2023! I've been reading about the penalties for not filing the 8938 and they're terrifying - like $10,000+ terrifying! The delinquent filing with reasonable cause doesn't seem like an option since I might have missed reporting about $150 of Canadian income in my 2023 return too. Anyone been through something similar or have advice? I'm freaking out a bit over these potential penalties!

Don't panic! This is more common than you think for new resident aliens. The IRS understands that international tax reporting can be complex. For your 2024 return, amending to include the Form 8938 and Canadian income is the right approach. Make sure to file Form 1040-X and attach the completed Form 8938 plus any other forms needed for the foreign income. For your 2023 return, you should also file an amendment with Form 1040-X. Include a detailed letter explaining that you were a new resident alien unfamiliar with Form 8938 requirements, and that you're voluntarily correcting the oversight as soon as you discovered it. The IRS often waives penalties when taxpayers show good faith efforts to comply once they learn about requirements. While the potential $10,000 penalty exists, it's typically applied in cases of willful non-compliance, not honest mistakes - especially for new residents. Document everything carefully and keep copies of all submissions.

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Anna Xian

Author

Thank you for this reassuring response! When I file these amendments, should I just send in the 1040-X with the new forms and the letter explaining the situation? Or is there a specific process for this kind of correction? Also, do you think I should consult with a tax professional who specializes in international taxation, or is this something I can handle myself?

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You'll want to file Form 1040-X along with the corrected/additional forms (Form 8938, any schedules needed for the foreign income, and Form 1116 for Foreign Tax Credit). Include a detailed letter explaining your situation as an attachment. Mail everything together to the address specified in the 1040-X instructions. Given the complexity of international tax issues and the fact that penalties could be involved, consulting with a tax professional who specializes in expat taxation would be a good investment. They can help ensure everything is properly documented and filed, which strengthens your reasonable cause argument. Many offer initial consultations at reasonable rates and might save you money in the long run by helping you avoid potential pitfalls.

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After reading your post, I felt compelled to share my experience with a similar situation. I actually missed filing some international forms a couple years ago and was freaking out just like you. I discovered this amazing AI service at https://taxr.ai that helped me sort through my international tax situation. I uploaded my tax documents and explained my situation, and it walked me through exactly what forms I needed and helped draft the explanation letter for reasonable cause. It even identified some foreign tax credits I'd missed! The service helped me understand which forms applied to my situation and the proper way to amend previous returns. The best part was getting custom guidance for my specific international situation rather than trying to piece together advice from different online sources that didn't exactly match my circumstances.

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How exactly does this work? I'm in a similar situation but with UK accounts. Does it actually fill out the forms for you or just tell you what to do? I'm worried about making mistakes on these international forms.

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I'm skeptical about using AI for tax stuff, especially with international complications. How accurate is it really? Seems like something that could get you in more trouble if it misses something important.

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It doesn't automatically fill out the forms for you - it analyzes your situation and provides detailed guidance on exactly what forms you need to file, what information goes where, and helps draft customized explanation letters for your specific circumstances. I found this actually better because I understood what I was filing rather than blindly submitting something. For international tax situations, I was impressed with its accuracy. It's specifically designed for expat tax issues and complex international reporting requirements. It catches the subtle differences between various foreign account reporting requirements (like FBAR vs 8938) and helps you avoid common pitfalls. I double-checked some recommendations with published IRS guidance and everything aligned perfectly.

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Just wanted to update after trying taxr.ai for my UK accounts situation. Honestly, it was incredibly helpful! The system immediately identified that I needed both FBAR and Form 8938, plus Form 1116 for foreign tax credits on my UK investments. What really impressed me was the detailed walkthrough of how to file an amendment with a reasonable cause letter. The guidance was specific to my situation as a first-time resident alien who wasn't familiar with US reporting requirements. The letter template it generated explained my situation perfectly and cited relevant IRS precedents for penalty abatement. I just finished submitting my amendments following their guidance, and it gave me so much more confidence than when I was trying to figure it all out from random forum posts. Definitely worth it for peace of mind with these complicated international tax issues!

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I went through something similar last year with foreign accounts. After trying for WEEKS to get through to an IRS representative for guidance, I finally found https://claimyr.com and tried their service. You can see how it works here: https://youtu.be/_kiP6q8DX5c Basically, they got me connected to an actual IRS agent in about 20 minutes when I had been trying for days on my own. The agent I spoke with was actually really helpful about my missed Form 8938 situation and walked me through exactly what documentation I needed to include with my amendment to avoid penalties. Having that direct conversation with the IRS gave me confidence that I was handling the situation correctly rather than just hoping my amendment would be accepted without issues. Their advice about how to word my reasonable cause explanation probably saved me thousands in potential penalties.

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Wait, how does this actually work? I thought it was impossible to get through to the IRS? Is this just paying someone to wait on hold for you or something?

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This sounds like a scam. The IRS doesn't take calls or give personalized advice like that. You probably just talked to someone pretending to be from the IRS who told you what you wanted to hear.

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It's actually a priority line connection service. They have technology that continuously redials the IRS until a line opens up, then they connect you directly. So yes, they basically handle the waiting on hold part, but when you get connected, you're speaking directly with an actual IRS representative, not a third party. The service doesn't provide tax advice themselves - they just get you connected to the real IRS so you can ask your questions directly to the source. I was skeptical too at first, but when I got connected to the IRS agent, they verified they were with the IRS and I was able to ask specific questions about my situation. The agent gave me clear guidance about what documentation to include with my amendment and how to explain my reasonable cause, which aligned with what I had researched but gave me much more confidence.

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I need to apologize and eat my words. After calling the IRS unsuccessfully for three days straight (disconnected every time after waiting 1+ hour), I broke down and tried Claimyr out of desperation. Within 15 minutes I was actually speaking to a real IRS representative! They confirmed they were with the IRS and everything. I explained my foreign account reporting situation similar to the original poster's, and they gave me specific guidance on amending my returns and what documentation would help support reasonable cause as a new resident. The agent explained that they see these cases often with new residents and that showing you're proactively fixing the issue once discovered is viewed favorably. That 15-minute conversation saved me days of stress and uncertainty. My amended returns are now submitted with the proper documentation thanks to their guidance. Sometimes you have to admit when you're wrong!

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I'd recommend getting professional help with this. I'm an expat too and tried handling my first resident return myself - big mistake. The international reporting requirements are incredibly complex. I used a tax service that specializes in expat taxation and they caught several things I would have missed, including some credits that actually saved me money. Yes, it costs a few hundred dollars, but the peace of mind and protection from potential penalties is worth it. The key with international tax issues is documenting everything thoroughly. Whatever route you take, make sure you keep copies of EVERYTHING and send amendments via certified mail so you have proof of when you submitted them.

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Any recommendations for expat tax services that don't cost a fortune? I got quoted $800 for a pretty basic return with some foreign accounts.

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I've found that smaller firms specializing in expat taxes are often more affordable than the big international tax firms. I use a CPA who works primarily with expats and charges about $400-500 for a return with foreign accounts and income. Not cheap, but reasonable for the expertise. Another option is to use a service like H&R Block's Expat Tax Services or TaxAct's international version to prepare the basics yourself, then have a professional review it. This hybrid approach saved me some money while still getting expert eyes on the final product. Some tax pros offer a "review only" service that's cheaper than having them prepare everything from scratch.

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Everyone's talking about fixing the mistake but missing a key point - you likely won't face penalties at all if you address this properly! The IRS has specific procedures for missed international information forms. Look up the "Delinquent International Information Return Submission Procedures" on the IRS website. If you had no unreported income tax, you may qualify to file these forms with a statement explaining why they're late without penalties. Even with the small amount of unreported income, penalties are rarely imposed for non-willful violations, especially for new residents. Document your student status transition to resident alien, and demonstrate that you're taking corrective action immediately upon discovering the requirement. I've helped friends through similar situations and most were resolved without penalties when handled promptly and transparently.

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Anna Xian

Author

Thank you so much for pointing this out! I'll definitely look up those procedures. If I understand correctly, the small amount of unreported income ($150 from 2023) might still make me ineligible for the streamlined procedures, but the fact that it was non-willful and I'm correcting it quickly should help my case?

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Exactly! The small unreported amounts won't disqualify you from reasonable cause relief, especially as a new resident. The key is showing you're acting in good faith once you discovered the requirements. For the Delinquent International Information Return Submission Procedures, you'd typically need zero tax due to qualify for the streamlined process. But even if you don't qualify for that specific procedure, the same principles apply - document your reasonable cause (new resident status, prompt correction upon discovery) and include a detailed statement with your amendments. The IRS distinguishes between willful non-compliance (hiding assets, intentional evasion) and honest mistakes by new residents learning the system. Your situation clearly falls into the latter category, especially since you were properly filing FBARs which shows good faith compliance efforts. Keep records of when you discovered the Form 8938 requirement and how quickly you took action to correct it. This timeline will be important for your reasonable cause argument.

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