A person commenting on an earlier blog asked the following question (modified slightly for clarity):
Does the statute of limitations for the FBAR penalty (both civil and criminal) toll if the taxpayer is outside the U.S.?
I answered at least the criminal part of the question in a comment reply. I thought the question was worthy of a blog entry to expand the reply and alert readers who may not work their way to the comment and reply.
Suspension of the FBAR Criminal Penalty Statute of Limitations
Before I answer the question, I should first state why the question may be important. A U.S. person with a concern of criminal prosecution for FBAR violations may absent himself from the U.S. until the statute has run on the FBAR violations and thereby hope to avoid prosecution. That person, of course, would want to become compliant prospectively upon adopting the strategy, if it worked, so that, with enough time (5 years for FBAR prosecution), the risk of FBAR prosecution would go away.
View Jack Townsend's opinion in its entirety on the Federal Tax Crimes blog site.
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