Frequently Asked Questions
Who is eligible for the Reasonable Cause Exception for Foreign Trust Reporting?
U.S. persons required to file notice or returns under section 6048 who failed to do so but can show the failure was not due to willful neglect (note: foreign secrecy laws do not constitute reasonable cause).
How does the Reasonable Cause Exception for Foreign Trust Reporting work?
Avoid severe penalties (the greater of $10,000 or 35% of the gross reportable amount) for failing to file information regarding foreign trusts by demonstrating reasonable cause.
What law authorizes the Reasonable Cause Exception for Foreign Trust Reporting?
The Reasonable Cause Exception for Foreign Trust Reporting is authorized under IRC §6677 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §6677
Source: Internal Revenue Code, Title 26, United States Code
§ 6677. Failure to file information with respect to certain foreign trusts(a) Civil penaltyIn addition to any criminal penalty provided by law, if any notice or return required to be filed by section 6048—(1) is not filed on or before the time provided in such section, or
(2) does not include all the information required pursuant to such section or includes incorrect information,
the person required to file such notice or return shall pay a penalty equal to the greater of $10,000 or 35 percent of the gross reportable amount. If any failure described in the preceding sentence continues for more than 90 days after the day on which the Secretary mails notice of such failure to the person required to pay such penalty, such person shall pay a penalty (in addition to the amount determined under the preceding sentence) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. At such time as the gross reportable amount with respect to any failure can be determined by the Secretary, any subsequent penalty imposed under this subsection with respect to such failure shall be reduced as necessary to assure that the aggregate amount of such penalties do not exceed the gross reportable amount (and to the extent that such aggregate amount already exceeds the gross reportable amount the Secretary shall refund such excess to the taxpayer).
(b) Special rules for returns under section 6048(b)In the case of a return required under section 6048(b)—(1) the United States person referred to in such section shall be liable for the penalty imposed by subsection (a), and
(2) subsection (a) shall be applied by substituting “5 percent” for “35 percent”.
(c) Gross reportable amountFor purposes of subsection (a), the term “gross reportable amount” means—(1) the gross value of the property involved in the event (determined as of the date of the event) in the case of a failure relating to section 6048(a),
(2) the gross value of the portion of the trust’s assets at the close of the year treated as owned by the United States person in the case of a failure relating to section 6048(b)(1), and
(3) the gross amount of the distributions in the case of a failure relating to section 6048(c).
(d) Reasonable cause exceptionNo penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect. The fact that a foreign jurisdiction would impose a civil or criminal penalty on the taxpayer (or any other person) for disclosing the required information is not reasonable cause.
(e) Deficiency procedures not to applySubchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).
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