Does the US “Overseas Account Tax Compliance Act” include real estate?

Hello, the following answers your question.
The “The Green Book” of the U.S. Obama administration in May 2009, which stipulates that strictly checks the declaration of overseas income from the United States. The purpose is to determine whether the overseas income of the taxpayer is complete Declars and investigate whether the account opened by overseas financial institutions is fully exposed. Originally announced that it should be applied for overseas accounts before September 23, 2009, the so -called “FBAR (Report of Foreign Bank and Financial Accounts)”, for example For those who are residents, those who have a total overseas account in the year of taxation must declare more than 10,000 US dollars, that is, as long as they have “ownership” or “disposable” American or legal person bank accounts (including deposits, derivative financial products, bonds, bonds, bonds, bonds, bonds, bonds, bonds The value of financial assets such as securities and insurance policies with cash value), the total amount exceeds 10,000 US dollars. Before April 15th each year, the FBAR table (ie FINCEN 114 table) must be declared. If it is found to be severely fined by the US Treasury, a fine of fraud and foreign messaging, and the risk of criminal prosecution is increased. Do you have foreign bank accounts? Do you have foreign investment accounts? Do you have a withdrawal card or credit card for foreign accounts, even if this account is not owned by you? Do you have a foreign common fund? Are you a trustee of foreign investment trusts? Are you an agent of foreign investors? … If you have any questions about the above question, you can answer “Yes”, you may need to declare FBAR.
2010, the “Overseas Account Tax Compliance Law” (FATCA) was promulgated as federal laws, requiring American citizens, residents foreigners, non -resident foreigners, US trust companies and US commercial entities to report some of them Offshore account and assets. Generally, including foreign bank accounts, foreign shares and securities, foreign partnership rights, foreign common funds, and several other foreign investment or financial accounts that exceed 50,000 US dollars in the “Overseas Account Tax Compliance Law”.
The non -American bank has a simple choice: either abide by FATCA or face huge currency fines. The U.S. Taxation Administration called “Non-Foreign Financial” (NPFFI (NPFFI) informal foreign financial institutions (referred to as NPFFI). Essence In order to avoid punishment, most foreign banks and taxation authorities will share information with the US government, and in some cases, thousands of US customers will be exposed to the IRS. In order to meet the requirements of the IRS, foreign financial institutions must provide detailed information about taxpayers, including the names, accounts and balances of taxpayers, interest, dividends, or other funds to the account, as well as taxpayers of account holders Human identification number (including SSN, ITIN, Ein).
In order to transition to the FATCA regulations for banks and taxpayers, the IRS initially set a wide limit period, which ended on December 31, 2019. As mentioned above, this requires foreign financial institutions to provide taxpayer information to the IRS. Therefore, your bank may contact you to ask you to provide information or other notifications related to FATCA. Whether you live in the United States or overseas, you must do your best to provide your account information in a timely manner. The obedience is for your own interests, and intentional or negligence will cause a high cost of punishment. In addition to the punishment of the “Overseas Account Tax Compliance Law”, the account that does not meet the prescribed account may be frozen by the IRS and even completely closed.
In order to make readers easy to understand the application needs of overseas accounts, who should we declare? When to declare? Where to declare? What to declare? How to declare? Wait for the five points as follows:
. Who should declare?
It simply speaking, Americans have any financial accounts in foreign financial institutions, including financial benefits in this account, and signature authorization or other rights for this account, and from January 1st to December 31st each year, each year Every day, the total value of all accounts in any day is more than $ 10,000, and overseas account information must be declared and filled in FINCEN114, referred to as FBAR (that is, the abbreviation of the REport of Foreign Bank and Financial Account).
So what is the definition of “American”?美国人包括：rn1. 美国公民或居民rn2. 美国合伙人组织rn3. 美国公司rn4. 美国遗产或信托rn至于「金融账户」的定义， Including bank accounts (savings, checks or fixed deposits, etc.), securities accounts and insurance policies with cash value. Therefore, if the applicant does not know whether it includes or not, it should be discussed with an accountant.

. When will it be declared?
The form of FBAR is FINCEN 114. The deadline for the 2019 declaration is April 15th, which can be extended to October 15.
Please note: FBAR is declared to the US Treasury, not IRS. The U.S. Treasury Department requested that it must receive FINCEN 114 before April 15.

. Where to declare?
MAR was sent to the US Ministry of Finance by paper, but on September 16, 2011, the US Treasury announced that FBAR was required to declare through the network electronics. Final Notice 77 Fed. Reg. 12367, and gives FBAR for more than one year adjustment time, from July 1, 2013, must be declared through the electronic declaration system of the Ministry of Finance’s website. .treas.gov/main.

. What is the application?
fincen114 Form needs to be exposed to the following information:
The first part: the information of the applicant -name, address, tax number, date of birth, etc.
It special mention is that in the first part of the first part: 14A must be selected more than 25 personal accounts; 14B must be checked in more than 25 signature account accounts. There is no need to fill in all the data to the form, but it is obliged to keep the information for investigation.

It part: The relevant financial account related information owned by the applicant.
This parts need to be declared to provide the following information:
□ The maximum amount of the account of the year declared
□ The name of the institution
□ Account type
□ opens the account person in financial institutions Name
□ Account number
□ The address of the financial institution

The third part: the financial account related information jointly owned by others and others.
This parties need to apply for the following information:
□ The joint account, a total of several common owners
□ The main tax number of the main owner (if you know)
□ n □ The name of the main person
□ The main address of the person

The part of the fourth part: the applicant has the right to sign the financial account, but there is no relevant information about the financial account.
It this part is similar to the above information, but you need to provide the name of the real owner of the account.

The part 5: If the applicant is the company, it provides information about the financial account of the subsidiary of the company’s merger statement.
It this part is similar to the above information, but it is necessary to provide the name of the subsidiary of the account.

. How to declare?
If according to the application instructions of FINCEN114, the maximum balance of each account at the annual tax of the tax will exceed $ 10,000 after the total amount of the annual tax. Exchange rate conversion. If you use regular bills, you should reasonably reflect the highest value of the account of the year.
Based on the above provisions, taxpayers may need the help of accountants to declare FBAR, and it is best to seek the assistance of accountants. Accountants generally ask the taxpayer to ask the maximum amount of each year’s account. In addition, you may also need to view the following data to support the correctness of the information provided by the customer:
□ Each bank account for each month Fortunately, applying for English)
□ Declapping the income tax of the income tax of foreign countries outside the United States -if the overseas account has interest or the income of other financial products, it is also necessary to declare the income tax declaration in the United States.
In the accountant will be organized based on these materials to make the correct declaration.

The national tax bureau punished different punishments for taxpayers who had no intention of negligence, unintentional declarations or not being declared or reported in false declarations, in addition to civil liability, it may even lead to criminal responsibility. Therefore, for those who may need to declare overseas accounts in the United States, we must first understand the relevant punishment.
. The situation where the punishment is lighter
. The negligence violates -a maximum penalty of 1,078 US dollars (civil penalties)
. Non -intentional violations -each negligence violates up to $ 12,459 (civil penalty)
. Many negligence violations-Except for the punishment regulated by §5321 (a) (6) (a), it must not exceed 83,864 US dollars (civil penalties)
. Punishment
. Do not declare FBAAR or not retain account records
The $ 124,588, or 50%of the account amount of the account (with higher numbers above) (civil penalt)
Five years of imprisonment, or the two (criminal punishment)

. Violation of some other laws and regulations, at the same time, deliberately not declare FBAR or not reserved account records
The $ 100,000, or 50%of the account amount of the account (with higher numbers above) nThe maximum of $ 500,000 or 10 years in prison, or punishment (criminal punishment)

. FBAR
, which is known and deliberately declared wrong, can be placed at $ 100,000, or 50%of the account amount of the account (with higher numbers above) (civil penalties)
In prison, or punishment (criminal punishment)
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