Wednesday, November 12, 2014

How to report interest earned in foreign bank account(s) on US tax returns?

Found useful information about how to calculate interest earnings in foreign bank accounts

http://desiways.wordpress.com/2012/02/29/how-to-report-interest-earned-in-foreign-bank-on-us-tax-return/

How to report interest earned in foreign bank account(s) on US tax returns?

Disclaimer: I would like to say this right here that the information here is from my own reading done online or talking to some tax attorneys. The information here may be out-dated. This is from my own experience and my own views and anything written here SHOULD NOT be taken or interpreted as legal advice
Do you have interest bearing accounts in foreign country or countries and wonder how to report the interest earned in those accounts on US tax return? I had the same question and recently I filed my taxes and learnt how to report that interest. I will share my experience and findings.
Should I report the interest earned in foreign bank account(s)?
A CPA or tax attorney would be the best to answer it for you but here’s my finding. If you are considered a U.S. resident for tax purpose you must report the interest earned in your foreign bank account(s). As a U.S. resident for tax purpose, most likely you will be filing form 1040 or 1040A or 1040EZ. There’s a lot of confusion if you should report foreign interest if you are on non-immigrant work visa(H1) and not a permanent resident(i.e. a green card holder).
To clear this confusion let me tell you my own experience. I didn’t report the interest earned in my foreign NRE accounts while I was on H1 visa. I got a wrong advice from a CPA that I don’t need to report this interest unless I was a green card holder. That was totally wrong and if you have read one of my other posts on FBAR, you will know what kind of mess I am in.
So bottom line again, whether your status is H1 or a green card holder:
If you are considered a U.S. resident for tax purpose you must report the interest earned in your foreign bank account(s).
Have confusion if you are a U.S. resident for tax purpose or not? Check  Publication 519(2010), U.S. Tax Guide for Aliens
What form(s) should I use to report the foreign interest?
Schedule B is the form that is used to report the interest earned in local U.S. banks or foreign banks. One important thing to note is you must use form 1040 or 1040A to file your tax return. You should not file Schedule B with 1040EZ. If you are not doing any itemized deductions, then you should file Schedule B with1040A.
If you are using some tax software to prepare your taxes, the software will generate appropriate form(1040 or 1040A) based on your inputs.
Tax Software(Online or Desktop)
If you are using some tax software to prepare your tax, the software will prompt you to input the interest earned i.e. 1099-INT entries and other information related to foreign accounts. Based on your input it will generate Schedule B with appropriate information for you. If you decide to do a paper filing, you will have to print and send Schedule B along with 1040 or 1040A. If you choose to do E-filing, the software will file Schedule B for you.
I used TaxAct’s online Deluxe Edition to prepare and file my taxes. In their Investment Income section, you can add 1099-INT(s). The information you enter here is used by the software in Schedule B which it will generate for you.
You might say, banks like SBI and ICICI don’t give 1099-INT. That’s totally fine.  I just calculated my total interest for each foreign bank account and used the end-of-year exchange rate published by treasury department to convert total interest in rupees to USD equivalent. Then I used TaxAct’s step-by-step guidance to generate 1099-INT for my SBI and ICICI accounts. I entered the Bank name, dollar equivalent of interest earned and the country. Since my accounts are NRE, they are non-taxable in India and so no tax was withheld/paid in India. So I left those entries blank. If you paid interest in your foreign country you should enter the information in appropriate section.
The software will use the above 1099-INT information you entered in Part-I Interest of Schedule B.
Manually filling Schedule B
If you are doing it manually, then you need to fill the foreign bank and interest earned information in Schedule B form’s – Part-I Interest section.
Reporting Dividends
I haven’t done this but I think it should be similar to the interest. Whether using software or manually, at the end the information should be entered in Schedule B. This is Part-II in the Schedule B form. If using a software to prepare, it will fill the details based on the inputs you would have entered during their preparation process.
Part III of Schedule B
You must appropriately answer the questions in Part-III of Schedule B. If you are using a software, somewhere in their process, they will ask you if you have foreign accounts, which country(ies) and if you are required to file TD F 90-22.1. Your inputs are used to complete this part by the software.
Important Notes:
  • You must fill the PART III Foreign Accounts and Trusts in Schedule B if it applies to you. When using TaxAct’s, they have a section – Foreign Investment Account Information. I answered the questions in that section and it filled the Part-III for me.
  • If you are supposed to file form TD F 90-22.1 i.e. FBAR, you need to file it separately and it’s not filed along with your federal tax.
    Hope this helps. Feel free to leave comments if you have any questions or want to share your experience.

Friday, October 17, 2014

How to file FBAR if you do not have all necessary bank accounts information?

The BSA E-filing (http://bsaefiling.fincen.treas.gov/NoRegFBARFiler.html) does include detailed instructions on how to fill up the FBAR form - which is great if you actually remember all of your bank accounts (including the ones that your Mom or Dad or Granny opened for you when you're a 4-year-old kid), how much you have in those bank accounts, and that the banks didn't turn your bank accounts into "dormant" accounts due to lack of activity while you're in the U.S.

Too bad that there are no guidelines out there on how to file FBAR when you don't have all the information you need, and since I can't afford to hire a tax attorney, I will just have try my best to figure it out on my own...and if IRS feels entitled to penalize innocent foreign account holders/expats/new residents, I (we) will call for John Oliver's help to make fun of them on tv!
(if you can afford to get professional advice, please do so. But tax professionals aren't necessary reliable, so please choose yours wisely. I hired H&R Block to do my 2011 tax return and they didn't tell me about FBAR and 8938)

My initial "delinquent FBAR" filing is far from exemplary, but I am sure there are many of you expats out there (who traveled from somewhere really far to work in the U.S. and didn't think of bringing along your bank books) might find my story to be useful...especially if you are, like me, unable to access old bank account information.

So, why did I file my FBARs when I don't have all of my overseas bank account information?
Well, I was already late (which is, bad enough) but I suppose that is one way we can tell the Treasury or IRS, "Yo, we're not some rich people trying to evade tax or hide money or whatever it is that you assume. We just don't have access to the information, and we'll give you the information that you request as soon as we have them. (and if you, IRS or Treasury employee have any common sense, you will at least understand that if you're a U.S. citizen who happens to be working in ...say, China or Russia and you suddenly find it mandatory for you to report all of your bank accounts in the U.S. to a Chinese government equivalent of the FBAR and Form8938, you will feel just as helpless as I (we) do right now)"

Here's what I wrote for the 'filing name' of the FBAR form:-

Reason for filing late, I chose "others", mentioned that I "did not know I had to file" and also mentioned that this FBAR filing thing is "not the norm" in other parts of the world (not my exact words, but I feel they have to know how ridiculous and unreasonable this FBAR thing is. They can't just do things differently compared to other governments in the world and then expect new residents in the U.S. to be automatically aware of them).
Of course, other websites advised that it's  better to just choose "did not know I had to file"


H1-B visa holders and U.S. permanent residents (non citizens) need to file FBAR and Form 8938 too!

Are you a new U.S. resident or H1-B visa holder?
Surprised, shocked/terrified to hear about FBAR and 8938?
You're not alone. I can understand. Tell me, which other country in the world require expats (on work visa. Not even permanent residents!) to prepare 2 tedious lists of bank account information with bank account number, bank addresses, amount in each bank account, yearly interests (...etc) if they're not citizens?

So, what do you do if you find out too late about this bizarre, one-of-its-kind-in-the-world IRS reporting requirement (which I think is not even right, but since I do quite like living in the U.S., I'll just have to suck it up and learn about it *sigh*)?
I wish I have all the answers right now, but I am still learning...and sharing useful information with others (H1-B, H2, O1, new permanent residents) who are in the same situation, and hope you will all have an easier time getting the information you need about how to do your (late) FBAR and 8938 filings.

The first thing that I did was to file what's called a "delinquent FBAR" for year 2013 - I missed the June 30, 2014 deadline (I was almost 3 months late. I couldn't obtain information about all of my bank accounts overseas, so I will have to travel just to obtain bank accounts details, and to subsequently file an amended FBAR)

This is a link on IRS' website that will take you to the FBAR e-filing
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://bsaefiling.fincen.treas.gov/main.html

Before filing, you might want to read the information here:-
http://www.irs.gov/Individuals/International-Taxpayers/Delinquent-FBAR-Submission-Procedures
Here is a screenshot of the above website:-



Of course, my story didn't just end there. After filing my 3-month late FBAR for year 2013 (as a new permanent resident), I found out that both FBAR and 8938 are a requirement for H1-B and other work visa holders too! Which means, I was supposed to have done both for years 2011 and 2012 (when I was on the H1-B visa), which now means I'm almost 3 years too late for my 2011 filing.


Wednesday, October 15, 2014

Useful blog for information about FBAR and 8938

I will be referring to this blog when filing for FBAR and 8938 :-
https://desiways.wordpress.com/category/banking-and-finance/tax/