Additional Important Information Concerning Certain Foreign Holdings
FBAR
Any person or entity subject to the jurisdiction of the United States (including individuals, corporations, partnerships, trusts, and estates) having directly or indirectly a financial interest in, or signature or other authority over, bank accounts, securities, or other financial accounts in a foreign country with an aggregate value of $10,000 or more at any point in during a tax year, are required to file form 114 with the United States Treasury by April 15th (or October 15th if unable to file by April 15th) of the year succeeding the year in which the reporting liability arose. Failure to disclose the required information to the U.S. Department of the Treasury may result in
substantial civil and/or criminal penalties.
Should you require our assistance in preparing form 114, you are responsible for providing us with all the information necessary to prepare said form as required by the U.S. Department of the Treasury. Under no circumstances will we be liable to the untimely filing or non-filing of form 114 or any penalties associated with late or erroneous FBAR filing.
Certain Foreign Corporations
Under IRC Section 6038(a), the Internal Revenue Service requires information reporting with respect to certain foreign corporations (Form 5471) and describes the information required to be reported on this form, which is due when your income tax return is due, including extensions. Therefore, if you are an officer, director, or shareholder in a foreign corporation, you may be required to file Form 5471. IRC section 6038(b)(1) provides for a monetary penalty of $10,000 for each Form 5471 that is filed after the due date of the income tax return (including
extensions) or that does not include complete and accurate information as defined under the regulations. By your signature on the Agreement, you accept responsibility for informing us if you are an officer, director, or shareholder in a foreign corporation and you agree to provide us with the information necessary to prepare the appropriate Form 5471(s). We assume no liability for penalties associated with missing, late, or incomplete filing information pursuant to code section 6038(a).
Fincen filing requirement: “Beneficial Ownership Information”
You may have a requirement to file beneficial ownership information (BOI) reports to comply with the Corporate Transparency Act (CTA). You have sole responsibility for your compliance with the CTA, including its BOI reporting requirements and the collection of relevant ownership information. Information regarding the BOI reporting requirements can be found at https://www.fincen.gov/boi. Consider consulting with legal counsel if you have questions regarding the applicability of the CTA’s reporting requirements and issues surrounding the collection of relevant ownership information. Potential significant penalties will apply to those failing to file timely and accurately. We assume no liability for penalties associated with missing, late, incomplete or inaccurate filing information pursuant to this reporting requirement.
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1. If you find an error in the tax preparation that entitles you to a larger refund (or smaller liability), we will refund any fees you paid us to use our service to prepare that return and you may use our service to amend your return at no additional charge. To qualify, the larger refund or smaller tax liability must not be due to differences or inaccuracies in data supplied by you, your choice not to claim a deduction or credit, positions taken on your return that are contrary to law, or changes in federal or state tax laws.
2. If our tax preparation software makes a mathematical error that results in your payment of a penalty and/or interest to the IRS that you would otherwise not have been required to pay, April will reimburse you up to a maximum of $10,000.
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