Forgot to file 8891 for 2011 (but did for 2010). Now what?

boboblaw · Post by **boboblaw** » Fri Feb 22, 2013 5:08 pm

I was looking at my 2011 tax returns and discovered that the 8891 were not included. Which is surprising, since I went through the FBAR process in Turbotax and did my TD F 90-22.1 correctly.

I had an accountant do my taxes for 2010 (the year I moved to the U.S.), and the 8891 forms [b]were[/b] included.

I understand that you can't quietly backfile 8891s anymore. What should I do? I haven't filed my 2012 taxes yet -- should I just file my 2012 tax returns (with the 8891 forms) and see if the IRS questions it? Or do I need to give the IRS a call?

nelsona · Post by **nelsona** » Fri Feb 22, 2013 5:24 pm

Be careful. You cannot backfile your ELECTION to defer, butr you canbackfile your missing 8891's if you have previously elected.

I would simply sent it in now,

boboblaw · Post by **boboblaw** » Fri Feb 22, 2013 5:52 pm

Thanks nelsona. My accountant DID elect to defer for 2010 (i.e. he checked box 6c to make the irrevocable election for 2010 and subsequent years), so I should be ok.

I'll just send in amended returns 1040X with an explanation.

Thanks again!