FBAR Penalty Defense

FBAR Penalty Litigation

  • Attorneys in Freeman’s tax controversy and litigation practice have been named to U.S. News and World Report’s Best Lawyers in America list, recognized by Chambers & Partners as among the leading tax and litigation attorneys in the United States, including for fraud representations, and recognized as the “Leading Tax Controversy Litigation Attorney of the Year” for the State of Texas.
  • Our tax litigation attorneys include former IRS trial attorneys, former clerks to the Chief Judge of the United States Tax Court, tax law professors, dual-credentialed CPAs, and attorneys with advanced LL.M. tax degrees from the most prestigious tax programs in the nation. One-third of our attorneys are law professors at tier one law schools, teaching tax law.
  • We regularly take on the nation’s biggest litigation firm: The Department of Justice. We bring a systematic approach to international tax and FBAR penalty litigation; and we are rewriting the odds in FBAR penalty matters, one case at a time.

FBAR Litigation

Globalization is a fact of life in our modern economy, and cross-border activities have become the norm, not the exception. For many, that means that the risks of tax and reporting non-compliance have never been more real—and the threat of international penalties, particularly FBAR penalties, has never been more clear.

We regularly represent clients in FBAR penalty disputes. Our attorneys are hyper focused; responsive; and battle-tested, bringing big-firm talent, think-tank intellect, and strategic insight, along with substantive international tax know-how.

Freeman is a sophisticated tax litigation boutique, zeroed in on advancing our clients’ litigation interests and committed to delivering world-class counsel in the courtroom and beyond. And international tax and penalty litigation—particularly resolving FBAR disputes—is our forte.

Our attorneys regularly counsel clients on FBAR compliance and penalty mitigation. We maintain a database of FBAR litigation insights and research, and review every FBAR case in the country. Our attorneys have handled hundreds of cases involving FBARs.

Best Lawyers® and U.S. News & World Report have recognized Freeman as a “Tier 1” Tax Law firm and our tax attorneys have garnered national recognition for their tax litigation work, such as:

  • The “Leading Tax Controversy Litigation Attorney of the Year” for the State of Texas
  • U.S. News – Best Lawyers® Best Lawyers in America
  • The Best Lawyers in America®, Chambers USA

Consistent with national recognition of our tax practice, Freeman hosts the world’s largest international tax conference, focusing heavily on civil and criminal tax litigation developments in the United States and internationally, including FBARs. We also provide an intensive Tax Court preparation course, training tax attorneys across the nation for the Tax Court’s bar examination and providing tax advocacy and litigation skills.

In international tax and penalty litigation, the right move at the right time can mean the difference between the right outcome and the wrong one. We begin thinking through the end game from day one. We sift through and evaluate the case, cultivating its thematic essence and distilling complex facts into clear and compelling narratives and defenses. We evaluate creative solutions and technical tax exceptions and strategies.

FBAR Penalty Defense

With recent legal developments such as the Foreign Account Tax Compliance Act (“FATCA”) and the expansion of Information Exchange Agreements among countries around the world, the flow of information and reporting to the IRS and the coordinated enforcement by taxing authorities has never been greater. That means that the risks of non-compliance have never been more real.

Failing to file an FBAR can give rise to significant penalties, including a non-willful penalty and willful FBAR penalty. The willful failure to file an FBAR is also a crime, punishable by a prison term of up to 10 years and a fine of up to $500,000.

Our firm represents clients with offshore tax compliance disputes involving FBAR penalties and international information return penalties. We have litigated novel issues and “issues of first impression.” FBAR defense requires a proactive representation and a deep knowledge of the nuances of FBAR compliance and defenses.

We combine unique litigation skills and experience with substantive international tax and compliance knowledge. Our attorneys are client-focused problem solvers. They are steeped in substantive international tax expertise gained from years of experience in the trenches and provide sophisticated representation and penetrating legal acumen.

We are well-versed in high-stakes international tax litigation, and our attorneys are trial-ready and battle tested. We’re ready when you are.

Representative Matters

  • Section 982 Formal Document Requests

    Represented clients in successfully moving to quash section 982 Formal Document Requests.

  • International Tax Audits

    Represented clients in tax audits involving international assets and income.

  • Form 3520 Tax Penalties

    Represented clients in litigation involving the assessment of tax penalties related to foreign trusts and Form 3520 penalties.

  • Tax Litigation

    Represented clients in federal court regarding assessments related to international source income.

  • FBAR Audits

    Represented clients in audits involving FBAR and Form 8938 reporting.

  • Tax Litigation

    Represented clients in proceedings to quash international tax Formal Document Requests, seeking documentation regarding foreign accounts.

  • IRS International Penalty Defense and Voluntary Disclosure

    Represented client in IRS offshore voluntary disclosure, guiding client through an “opt out” and reducing penalties by hundreds of thousands of dollars through penalty defense.

  • IRS High-Wealth Audits; Puerto Rico

    Represented client in IRS “wealth squad” (Global High Wealth Industry Group) audit involving Puerto Rico Act 20/22 benefits; obtained “no-change” audit.

  • IRS Tax Representation; Puerto Rico

    Represented client in challenging IRS assessment denying Puerto Rico Act 20/22 benefits; obtained reversal and removal of full assessment.

Have questions? Refer to our FAQs for FBAR.