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Late late year, we asked what's next for foreign bank account holders after OVDI? Although the answer to this question continues to evolve, it is becoming increasingly clear that the risks of detection have only grown – and will continue to do so. The latest news on this front comes from Business Week, which reported Sunday that the IRS has requested account holder information from Liechtenstein's second largest bank, LLB. Specifically, the IRS has asked for information pertaining to accounts holding $500,000 or more anytime since 2004. Current and former LLB account holders who continue to hold undisclosed offshore assets now have a rapidly closing window of opportunity to come into compliance before the IRS contacts them for an investigation. By coming forward voluntarily, an account holder reduces the chance of criminal prosecution and probably qualifies for the miscellaneous 27.5% penalty in lieu of potentially significantly higher tax and FBAR penalties.
LLB's clients are likely not the only Liechtenstein account holders at significant risk of detection. Although the IRS' previous investigation primarily targeted banks, there is anecdotal evidence that the IRS has also begun to pressure Liechtenstein advisors (e.g., lawyers, accountants, trust companies, and the like) to disclose their clients' identities. Moreover, if Switzerland is any guide, the IRS will likely expand its Liechtenstein investigation to other banks after establishing a successful precedent with LLB's likely forthcoming disclosure.
Given the ever-expanding scope of the IRS' investigation (not to mention FACTA's new financial-institution withholding and individual-reporting requirements), any person who previously chose not to disclose his or her offshore accounts should consider reexamining whether risking detection remains prudent. As of now, OVDI and other methods of coming into compliance — including quiet disclosures and prospective compliance — may still be reasonable choices. However, all of these options fall off the table if the IRS contacts a taxpayer before disclosure. Taxpayers in this position should strongly consider contacting an experienced tax advisor to discuss their options.