The Irs Voluntary Disclosure Program And Fbar Compliance.

Taxpayers often find themselves in a challenging position when they realize they haven’t properly reported their offshore financial accounts or income to the Internal Revenue Service (IRS). Fortunately, the IRS Voluntary Disclosure Program provides a lifeline for those seeking to rectify their non-compliance with FBAR (Foreign Bank Account Report) requirements. In this comprehensive guide, we will delve into the IRS Voluntary Disclosure Program, FBAR compliance, and how an Offer in Compromise can be a viable solution for taxpayers looking to resolve their tax issues.

What is FBAR Compliance?

FBAR, or Foreign Bank Account Report, is a requirement by the U.S. Department of Treasury for individuals and entities with financial interests in foreign accounts exceeding certain thresholds. The report, FinCEN Form 114, must be filed annually to disclose foreign accounts such as bank accounts, securities accounts, and certain other financial accounts.

Failure to comply with FBAR reporting requirements can result in severe penalties, including civil and criminal penalties. Civil penalties can range from significant monetary fines to asset forfeiture, while criminal penalties may lead to imprisonment.

The Importance of IRS Voluntary Disclosure Program

Many individuals who unintentionally failed to report their foreign accounts often live in fear of IRS enforcement actions. However, the IRS Voluntary Disclosure Program offers a path to rectify these errors without facing criminal prosecution. This program is particularly beneficial for taxpayers who have acted non-willfully, meaning their failure to report was not intentional.

Under the Voluntary Disclosure Program, taxpayers can voluntarily come forward to disclose their offshore accounts, file amended tax returns, and pay any taxes and penalties owed. By doing so, taxpayers can significantly reduce their exposure to the aforementioned penalties.

The Offer in Compromise Option

For individuals who have unpaid tax liabilities, an Offer in Compromise (OIC) can be a helpful solution. An OIC is an agreement between the taxpayer and the IRS, allowing the taxpayer to settle their tax debt for less than the full amount owed. This can be a viable option for individuals with financial difficulties who are unable to pay their full tax debt.

By proposing an OIC, taxpayers demonstrate their willingness to resolve their tax debt and comply with their tax obligations. However, it’s important to note that not all OIC proposals are accepted, and the IRS will evaluate each case individually based on the taxpayer’s financial situation.

How “Offer in Compromise” Relates to FBAR Compliance

While the Offer in Compromise primarily addresses income tax liabilities, it can indirectly help taxpayers who are also dealing with FBAR compliance issues. By resolving their income tax debts through an OIC, taxpayers can regain their financial stability, making it easier to meet FBAR reporting requirements in the future.


Navigating FBAR compliance and resolving tax issues with the IRS can be a complex and daunting process. However, the IRS Voluntary Disclosure Program and the Offer in Compromise option provide taxpayers with a lifeline to rectify their non-compliance while avoiding severe penalties and criminal prosecution.

If you find yourself in a situation where you need to address FBAR compliance or resolve tax liabilities, it’s essential to consult with a tax professional who can guide you through the process and help you make the best decisions for your specific situation.

Remember, staying informed about tax regulations and seeking professional advice when necessary is crucial for achieving financial peace of mind and compliance with the IRS.

[One-time anchored hyperlink: Learn more about the Offer in Compromise process here.]

By taking proactive steps to address your tax issues, you can put your financial matters back on track and avoid the stress and consequences associated with non-compliance.