Streamlined Filing Compliance Procedures
Frequently Asked Questions
Getting compliant on your taxes
What are the Streamlined Filing Compliance Procedures?
They are IRS programs that allow eligible taxpayers to file delinquent or amended tax returns and information returns, certify non‑willfulness, and potentially avoid substantial penalties.
There are two versions:
1. Streamlined Foreign Offshore Procedures (SFOP)
2. Streamlined Domestic Offshore Procedures (SDOP)
Who can use the Streamlined Filing Compliance Procedures?
You may be eligible if:
1. You failed to report foreign financial accounts, assets, or income
2. Your failure was non‑willful (due to negligence, inadvertence, or a good‑faith misunderstanding of the law)
3. You can certify non‑willfulness under penalties of perjury
Certain taxpayers under IRS examination or investigation may be disqualified.
What does “non‑willful” mean?
Non‑willful conduct is conduct that resulted from:
1. Negligence
2. Inadvertence
3. Mistake
4. A good‑faith misunderstanding of the law
Willful conduct—such as knowingly hiding accounts or using structures to conceal ownership—does not qualify.
What is the difference between SFOP and SDOP?
Streamlined Foreign Offshore Procedures (SFOP)
For taxpayers who meet the non‑residency requirement
No Title 26 miscellaneous offshore penalty
Available to U.S. citizens, lawful permanent residents, and certain nonresidents
Streamlined Domestic Offshore Procedures (SDOP)
For U.S. residents who do not meet the non‑residency test
Requires payment of a 5% miscellaneous offshore penalty
Applies to the highest aggregate balance of foreign assets subject to reporting
What returns must be filed under the Streamlined Procedures?
Generally required filings include:
Three (3) years of amended or delinquent federal income tax returns
Six (6) years of delinquent FBARs (FinCEN Form 114)
Any required international information returns (e.g., Forms 8938, 3520, 5471, 8865, etc.)
THEVOZ & Partners specializes in the area of Tax Law
This area of law is particularly complex and requires a high level of training. For this reason, our attorneys train continuously and hold a significant amount of experience in the field of tax law. THEVOZ & Partners is a law firm with offices in Austin and Lausanne specializing in the provision of tax and legal services to individuals and companies in the United States and Europe. We help clients navigate a litany of domestic and international tax issues ranging from compliance to planning and even litigation. We understand that each client has unique needs and goals, and we pride ourselves on taking a personalized approach to tailor our services to meet those needs.
Olivier Thevoz
Partner and Founder
Olivier Francioli
Partner
Sandra Ezri
Of Counsel
Steve Tannenbaum
Partner
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THEVOZ & Partners is an international law firm best known for its practice in international tax, civil litigation, and business transaction structuring. We are committed to providing our clients with tailored and competent services.
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