FATCA-focused Secure inquiry Clear engagement scope
FFATCA HQ

Late and prior-year filings

Missed Form 8938? Start with facts, not a canned remedy.

A missed form, an incomplete prior return, or newly discovered foreign assets can create urgency. The right response depends on what was missed, why it happened, whether income was omitted, and whether the IRS has already made contact.

The first review should establish

  • Which tax years and federal returns are affected.
  • Which foreign assets and related income were omitted or reported inaccurately.
  • Whether FBAR or another international information return presents a separate issue.
  • Whether an IRS notice, examination, deadline, or prior submission changes the available path.
  • The facts surrounding intent and reasonable cause, without making a premature conclusion.

Correction paths are not interchangeable

Depending on the facts, the relevant IRS procedures may include an amended return, delinquent international information return procedures, streamlined filing compliance procedures, or a different compliance route. Each has its own conditions and consequences.

Streamlined procedures require a non-willfulness certification and have eligibility restrictions. They should not be marketed as automatic amnesty or guaranteed penalty relief.

If you have an IRS notice

Do not use the public form to upload the notice. In your inquiry, provide only the notice type or number, the response date, and a general description. The document itself should move only through an approved secure channel after fit and scope are confirmed.

Potentially willful conduct, an active examination, or criminal exposure requires immediate review by appropriately qualified counsel. This site does not provide legal advice.

Primary sources