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Question

Are you there?

Submitted: 47 days and 8 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: Colorado

Already Tried:
Nothing.

Posted by Merlo 47 days and 8 hours ago.

Info Request

Hello jspencer,

Did you have a tax question that we can help you with?

47 days and 8 hours ago.

Reply

Yes. I have an IRA invested with an investment firm in Florida that forwards the investment as part of a greater share in an offshore hedge fund. Do I have to declare this account as foreign bank account? Rmember, it is a qualified account that is technically managed by a trustee.

Posted by Bill 47 days and 7 hours ago.

Answer

You are considered a fiduciary of your IRA so if the fund is valued at more than $10,000 at any time during the year then it should be reported unless the IRA trustee is reporting it. You may want to contact the IRA trustee to confirm whether they are reporting it.

 

See #7 - http://www.irs.gov/businesses/small/article/0,,id=210252,00.html

 

http://www.irs.gov/pub/irs-pdf/f90221.pdf

 

 

47 days and 7 hours ago.

Reply

Should it concern me (from an IRS penalty perspective) that the trustee might not have declared this acount that is now several (tax reporting) years old?

Posted by Bill 47 days and 7 hours ago.

Answer

No, I would not be overly concerned from an IRS perspective as any funds that flow into or out of the fund must pass through your IRA so the flow of funds can be traced and it should not be possible to avoid paying taxes on any income. Investigators use FBARs to help identify or trace funds used for illicit purposes or to identify unreported income maintained or generated abroad.

 

The penalties for failure to file an FBAR when required to do so could be civil penalties, criminal penalties, or both. If you wish to file FBARs for earlier years, you should file the delinquent FBAR reports and attach a statement explaining why the reports are filed late. No penalty will be asserted if the IRS determines that the late filings were due to reasonable cause. Keep copies, for your record, of what you send.

 

47 days and 7 hours ago.

Reply

One more quick question and then I will accept your very great answers. Should I request that the trustee make the FBAR? It seems like they are the ones who are not compliant.

Accepted Answer

Yes, the trustee should technically file the form.

 

http://www.groom.com/assets/attachments/M-20090810%20FBAR%20-%20Extension%20Memo%20to%20Clients%20v5%20final.pdf

 

http://www.irs.gov/irb/2009-35_IRB/ar07.html

 

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Expert: Bill
Pos. Feedback: 99.6 %
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Answered: 10/6/2009

Enrolled Agent

EA, QPA, CHFC, CEBS, CLU - 29 years experience providing financial advice

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