Is green card holder participant in OVDI in risk of deport?

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newbie12345
Posts: 54
Joined: Mon Jul 23, 2012 1:43 am

Is green card holder participant in OVDI in risk of deport?

Post by newbie12345 » Fri Oct 12, 2012 2:26 pm

I am greencard holder live in U.S.

I made mistake with my foreign accounts due to poor tax knowledge.

I participant the OVDI to clean it up since IRS suggest that is the only right way to make it right.

However, I found in the media, people in the OVDI are marked as "tax evader", or "cheater" who file false tax return. (We are also be treated like this way in the program).

IRS promise there will be no criminal prosecution if stay in the OVDI,

However, a person could be a "tax evader" even no prosecution or convict to the crime.

Tax evader is a deportable according to INS.

Also, Supreme Court Decides that Filing a False Tax Return (causing revenue loss to the Government exceeds $10,000. ) for Resident Aliens is an “Aggravated Felonyâ€￾ (as murder or rape) that Prompts Deportation Proceedings with no right of deport relief.

My question is: for green card holder like us who participant in the OVDI, does it means we put the knife into the INS hand to let them kill at their wish?

Given the tax owe over the past years are aggregated and interests are accumulated, plus the 20% accuracy penalty. The total amount could be very easily exceed 10k.

Since there is no trial in the court which would carefully review the case and determin how much indeed the lost is caused by "willingful cheating".

Would the INS just blindly pick the number on OVDI 906 form and use it as a judgement document to deport innocent people even after they paid back the tax and the heavenly FBAR penalty?

Please see the links below:

http://taxattorneynews.moskowitzllp.com ... ncome.aspx

nelsona
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Post by nelsona » Fri Oct 12, 2012 2:33 pm

Relax. NOT participating in OVDI would be more harmful.
Nelsona Non grata. Non pro. Search previous posts.

newbie12345
Posts: 54
Joined: Mon Jul 23, 2012 1:43 am

Post by newbie12345 » Fri Oct 12, 2012 4:27 pm

I am not sure now.

If knew there is this risk to our immigration status(or even more risky since I gave all the documents which might be used against me) as the cost of stepping up and being honest, I might just silently close all the accounts and be compliance from now on instead of jump in this OVDI.

Giving the interest income for most recent year is so low, ($50/year), I don't think they would bother to investigate.

Heavenly high FBAR penalty and in the risk of whole family driven out of the country. That is the prize for stepping up being honest to correct the minor mistake made unwillingfully in the past?

nelsona
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Post by nelsona » Fri Oct 12, 2012 5:18 pm

The penalty is not for OVDI, its for failure to have done what you should have done.

FBAR was never a secret: it appears on every 1040 schedule B.
Nelsona Non grata. Non pro. Search previous posts.

newbie12345
Posts: 54
Joined: Mon Jul 23, 2012 1:43 am

Post by newbie12345 » Fri Oct 12, 2012 9:42 pm

It is the OVDI set the penalty to be 25% or 27.5% of the whole foreign account balance instead of the 25% or 27.5% of the tax owe. Which for most minnow, the money in the account are clean money that paid the tax already.

IRS internal guide line also suggest a warning letter might be more proper than assured FBAR penalty for mild case.

Why in OVDI, minnow has to be charged 25% or 27.5% even a warning letter might be much more proper treatment?

Why people in the OVDI are treated like thief or cheater. Even after paid this unfair penalty, could still be in the risk of being kick out of the country?

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Sat Oct 13, 2012 10:15 am

newbie, no one using OVDI has or will be deported. Read more carefully rather than scaremonger.
Nelsona Non grata. Non pro. Search previous posts.

charlierichkid
Posts: 4
Joined: Mon Jan 14, 2019 10:29 am

Re: Is green card holder participant in OVDI in risk of deport?

Post by charlierichkid » Mon Jan 14, 2019 10:33 am

I dont think it will. But make sure you have an attorney in case anything goes wrong. if you want to know more about tax attorney, i just saw an article about it https://gotaxlien.com/tax-attorney/ let me know if it helps

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