frankfortuna |
03-15-2003 04:44 AM |
WASHINGTON (CNN) -- The Internal Revenue Service, hoping to recapture tax money lost through the use of off-shore financial dodges, is offering violators a chance to escape prosecution if they come clean -- and give the IRS information on people who promote the illegal practices.
To qualify under the program, taxpayers who have used offshore payment cards or other offshore financial arrangements to hide taxable income must first report the income; second, pay any back taxes, interest, and some "accuracy or delinquency" penalties; and, finally, give the IRS complete information about promoters of the suspect arrangements.
Taxpayers who formally request to participate in the program -- named the Offshore Voluntary Compliance Initiative -- by April 15 will be able to avoid criminal prosecution, as well as civil fraud and information return penalties.
The IRS estimates that thousands of U.S. citizens may be purposefully avoiding taxes through such practices as transferring unreported income to foreign financial institutions and then using credit, debit, or charge cards issued by those institutions to spend the money. Holding the cards is not illegal, the IRS said, but using them and foreign institutions to hide income is.
The initiative covers taxes for four years: 1999 through 2002. However, individuals must report suspect offshore financial practices regardless of when they occurred, and are subject to further review and assessments in all cases if the IRS determines there has been "substantial tax avoidance."
Promoters of the schemes are not eligible for protection.
"We are striking the proper balance with this initiative, " said acting IRS Commissioner Bob Wenzel in a news release. "Those who misused offshore credit and other payment cards will be able to pay their fair share. Just as importantly, it will help the IRS get the people promoting these deals."
The initiative grew out of efforts that began in 2000, when the IRS was authorized by U.S. District Courts to serve "John Doe" summonses to businesses, seeking "limited information" on people and businesses who hold cards issued by financial institutions in Antigua and Barbuda, the Bahamas, and the Cayman Islands.
The "John Doe" initiative has grown to include over 100 U.S. businesses, and cards issued by banks in over 30 countries. The IRS said the investigation has "entailed combing through data on millions of transactions" and allowed the IRS to identify "hundreds of cases for civil audits or potential criminal investigation."
Violators may have a lot to gain by coming clean. The IRS said a taxpayer who understated income to avoid $100,000 in taxes would probably pay only $149,319 under the initiative. By not stepping forward, the same taxpayer would pay at least $217,758, and still face possible civil penalties.
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