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Need Advice Re: Filing Tax Return Overseas

Posted on 5/19/26 at 7:37 am
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 7:37 am
A friend has lived overseas going on 40 years now. He filed once, in his first year, because he worked for the Army as a civilian a few months. Since then he's worked on the local economy and was unaware he was required to file. Now he wants to draw Social Security; he worked some years in the U.S. before moving to Europe. Now it seems Social Security will inform the IRS of his Social Security income. Are the gates of Hell going to open up on this guy when the IRS sees this info after hearing nothing from him for almost 40 years? He's really worried, and I know there are specialized tax firms for expats that he could contact, but we think we know what they'll say, something like "We can take care of that for you for a hefty fee."...

If anyone here has any experience in this, I would really, really appreciate some information about what to expect. Are red lights going to flash, alerting them to come after this guy? Thanks a million in advance.
This post was edited on 5/19/26 at 7:39 am
Posted by thunderbird1100
GSU Eagles fan
Member since Oct 2007
72338 posts
Posted on 5/19/26 at 7:40 am to
The good news is he's already overseas...
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
46000 posts
Posted on 5/19/26 at 7:44 am to
I'm a tax attorney. Have helped many taxpayers get back into the system. He can do it. It won't be cheap.

Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
3196 posts
Posted on 5/19/26 at 8:36 am to
Does he have the 40 quarters (10 years) of SS earning/contributions to qualify to draw SS?
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
3196 posts
Posted on 5/19/26 at 8:38 am to
Did either of you bother to Google it?
quote:

"the IRS has a specific tax amnesty program called the Streamlined Foreign Offshore Procedures (SFOP) designed for U.S. citizens living abroad who have not filed their taxes for years.This program allows you to get completely caught up without paying late-filing or late-payment penalties, provided your failure to file was non-willful (an honest misunderstanding of your tax obligations).Program RequirementsTo catch up through the IRS Streamlined Filing Compliance Procedures, you must fulfill the following criteria:File 3 years of back taxes: Submit complete and accurate delinquent tax returns (Form 1040) for the most recent three tax years.File 6 years of FBARs: Submit Foreign Bank Account Reports (FinCEN Form 114) for the last six years if you held over $10,000 across your foreign bank accounts at any point during those years.Sign a certification of non-willfulness: File Form 14653 certifying under penalty of perjury that you did not intentionally hide your income or avoid your tax obligations.Meet the residency test: You must have lived outside the U.S. for at least 330 full days during at least one of the last three tax years and not maintained a primary U.S. residence.No active investigation: You cannot be under active civil or criminal investigation by the IRS.Will You Owe Back Taxes?Even though you are catching up on multiple years of missing returns, most expats do not actually end up owing any U.S. tax. When catching up via the SFOP, you are allowed to retroactively claim major expat tax exclusions:Foreign Earned Income Exclusion (FEIE): For the 2026 tax year, you can exclude up to $132,900 of your foreign salary from U.S. taxation (and $130,000 for 2025).Foreign Tax Credit (FTC): If you already paid income tax to your foreign country of residence, the FTC offers dollar-for-dollar tax credits to offset or eliminate your U.S. tax bill.Warning: Take Action Before the IRS Contacts YouYou must file for this program voluntarily. If the IRS discovers your non-filing first and initiates an audit or contacts you regarding unfiled returns, you automatically lose your eligibility for the penalty-free streamlined program. For severe unfiled tax debt over $66,000 in 2026, the IRS can even certify your debt to the State Department, which can result in the denial or revocation of your U.S. passport.Would you like help calculating how many years you need to file based on when you left the U.S., or would you like to know what documents you need to gather to start the process"

IRS.gov SFOP
This post was edited on 5/19/26 at 8:51 am
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
3196 posts
Posted on 5/19/26 at 8:49 am to
quote:

I'm a tax attorney. Have helped many taxpayers get back into the system. He can do it. It won't be cheap.
Really? This SFOP procedure looks pretty straight forward at first glance. Is it not feasible for a taxpayer to submit themselves? Looks like 3 years of delinquent tax forms is the biggest ask and the taxes owed if any. Something tells me this guy probably isnt even close to earning above the $130k Foreign earned income exclusion. Seems like a DIY case.
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 11:06 am to
It was googled, I did some research and saw there was an amnestie program, provided you self-report. In this case there are no taxes owed, all foreign income was below the yearly limit. We were basically wondering if, after all these years, they would suddenly decide to come after this guy. The U.S. authorities know your foreign bank account, the balance, your address, etc.

Just got off the phone with another expat friend and he said he hasn't ever filed either, receives Social Security, and has never heard anything from the IRS. His basic attitude was, "I'm 67, frick 'em, what are they gonna do, extradite me?"
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 11:12 am to
I appreciate your input, thanks.
Posted by baldona
Florida
Member since Feb 2016
24218 posts
Posted on 5/19/26 at 11:42 am to
quote:

Just got off the phone with another expat friend and he said he hasn't ever filed either, receives Social Security, and has never heard anything from the IRS. His basic attitude was, "I'm 67, frick 'em, what are they gonna do, extradite me?"


I know its the money board and that's fine, but you hang out with some real losers.

So these guys want to get SS that they never paid into from a government they never participated in all the while living elsewhere? If wherever they live is so great and they don't want to pay taxes, why don't they ask the locals for money?

I have no sympathy for them being bent over. Filing a basic tax form is extremely simple. If they want SS they should have paid into the system to get it.

As said they need a certain amount of work to get it usually.
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 2:14 pm to
There seems to be a misunderstanding here. The people I'm talking about were military (U.S.) who either stayed here or moved back here to live. They both paid in to Social Security long enough to collect, and we've all worked here long enough to collect the local retirement. Noone wants anything that's not rightfully theirs. Noone is cheating or wants to cheat any government. And noone I know is here because of some dissatisfaction with the U.S.A. Life takes you on some unexpected rides sometimes...
This post was edited on 5/19/26 at 2:16 pm
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
3196 posts
Posted on 5/19/26 at 2:33 pm to
That's a fundamental misunderstanding about how SS works. You dont pay into it while working abroad for a foreign employer. Nothing wrong with claiming the benefit they earned with 40+ quarters paid in. Why wouldnt they collect on the system they funded? Their benefit amount will be based on the relatively low number of quarters paid in and their income at the time (inflation adjusted) like everyone else.
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 3:06 pm to
Thanks for saying that much better than I could. The only worry here is having to go through some exhausting bureaucratic procedure to prove no taxes were owed or facing fines and/or some kind of sanctions. We're all retired now and don't need the headache. I think my friend will just take his chances on staying under the radar. As far as I know, no other country requires this of their citizens living/working abroad. I read a while ago there was a wave of expats in Europe giving up their citizenship because of the time and expense of fulfilling this requirement.
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
3196 posts
Posted on 5/19/26 at 3:54 pm to
Why not follow.the SFOP process? It looks pretty straight forward. Could at least draft returns and If no taxes owed as suspected due to below FEIE then file.
Seems like it would be better to get 100% in compliace.now just in case.

I'm surprised neither knew the filing requirements or have coworkers with insights to help get back in compliance. I recall contractors often discussing foreign tax credit and US tax filing while serving abroad. That's why this thread peaked my interest.
Posted by razor55red
Member since Sep 2017
495 posts
Posted on 5/19/26 at 4:52 pm to
Your suggestion is definitely the right way to go. Thanks for the replies.
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