Streamlined Filing Compliance Procedures
Disclaimer: The following IRS Streamlined Procedures material is intended for general information only and not legal or tax advice. Source: IR
Streamlined Filing Compliance Procedures
Purpose:
The Streamlined Procedures offer eligible taxpayers a way to resolve past failures to report foreign financial assets, file required returns and pay related taxes—provided their conduct was non-willful. This program allows for:
- Filing amended or delinquent returns
- Resolving tax and penalty obligations under simplified terms
Who Qualifies:
Available to individual taxpayers and estates, whether residing in the U.S. or abroad, who meet these conditions:
- Non-Willful Conduct Only:
Participants must certify that any failures were due to negligence, inadvertence, mistake, or a good faith misunderstanding of the law. - No Ongoing IRS Investigation:
Taxpayers under IRS civil or criminal examination for any year are ineligible. - Penalties on Prior Quiet Disclosures Apply:
Those who previously filed amended or late returns (“quiet disclosures”) may still use the streamlined procedures, but existing penalties will not be waived. - Valid Taxpayer Identification Number Required:
U.S. citizens and residents should use their Social Security Number; others may use an ITIN or submit Form W-7.
Streamlined vs. VDP:
Taxpayers concerned about willful violations should consult a tax attorney and consider the IRS Voluntary Disclosure Practice (VDP), which provides protection from criminal charges and significant penalties.
How Streamlined Submissions Are Treated:
Returns under the Streamlined (Foreign or Domestic) Procedures are processed like standard filings. No confirmation or IRS closing agreement will be issued. These returns:
- Are not automatically audited, but may be reviewed under standard IRS audit procedures
- May be checked against third-party information (banks, advisors, etc.)
- Are subject to applicable penalties for inaccuracies
Future Compliance:
After completing streamlined procedures, taxpayers are expected to comply with all U.S. tax laws and filing requirements going forward.
Coordination with VDP:
Once a taxpayer uses Streamlined Procedures, they cannot later enter VDP. Similarly, taxpayers who entered VDP after July 1, 2014, cannot switch to Streamlined Procedures. However, those who submitted to VDP before July 1, 2014, without a finalized agreement, may request streamlined penalty treatment by certifying non-willful conduct. The IRS will assess eligibility based on the facts of each case.
We Can Help with your Nationwide Streamlined Procedures
Dual-Licensed Attorney at Law, CPA
Zaher Fallahi, Tax Attorney, CPA, assists clients nationwide with the IRS Streamlined Filing Compliance Procedures, IRS Offers-in-Compromise, Crypto Tax, Including Stolen Crypto, Foreign Gift Tax, and Foreign Inheritance Tax.
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