Catch-22: OVDI guilt and Naturalization/Immigration Consequences

[Gaganba]

Hi all,
My query was to get opinion/advice from you all, for some one, thinking of going under the bus, by taking the 2011 OVDI scheme and what might be consequences of doing so, if you are planning or are already in the process of applying for natualization or immigration.
My understanding is that by taking the OVDI scheme, is an acceptance of having committed a crime, though no civil charges would be pressed. But in doing so, doesn't it then make someone/any one, of having broken "laws of the land" or what about the question of moral ineptitude?
I am in a knot! Hope you all can quide me, with your sane advice.

much thanks!

[arj_2000]

I dont think that by going into OVDI mean you have committed a crime. The sole reason of participating in OVDI is to come clean to avoid any criminal prosecution.

[sunk11]

http://www.change.org/petitions/the-...1-ovdi-filings

Please sign the petition and forward the link to as many people as you can.

The deadline is Aug 31st, 2011 to participate in IRS voluntary disclosure, if you have accounts oversees and if you have ever worked in the U.S.

[dbs]

I dont think that by going into OVDI mean you have committed a crime. The sole reason of participating in OVDI is to come clean to avoid any criminal prosecution.

Evasion of tax is a crime.

I imagine that you have heard of Al Capone, one of the biggest gansters in usa. They could not pin any crime on him. Finally they got him on a evasion of taxes and deported him.

[binarysemaphore]

According to section 7201 of the Internal Revenue Code (IRC), it is a federal crime for anyone to willfully attempt to evade or defeat the payment of federal income taxes. A taxpayer can be found guilty of that offense when all of the following facts are proved beyond a reasonable doubt:

[LIST=1]

The DEFENDANT owed substantial INCOME TAX in addition to that declared in the defendant's tax return

The defendant knowingly and willfully attempted to evade or defeat the tax
[/LIST]
I am sure none of us would owe substantial tax than what was declared in the original return.

[okonomi]

....... for anyone to willfully attempt .....
A taxpayer can be found guilty of that offense when all of the following facts are proved beyond a reasonable doubt:

[LIST=1]

The DEFENDANT owed substantial INCOME TAX in addition to that declared in the defendant's tax return

The defendant knowingly and willfully attempted to evade or defeat the tax
[/LIST]
I am sure none of us would owe substantial tax than what was declared in the original return.

When taxpayers are genuinely attempting to correct past oversights, there isn't anything to worry about.... Just do the right thing now...and enjoy life.

[greyfri]

According to section 7201 of the Internal Revenue Code (IRC), it is a federal crime for anyone to willfully attempt to evade or defeat the payment of federal income taxes. A taxpayer can be found guilty of that offense when all of the following facts are proved beyond a reasonable doubt:


[LIST=1]

The DEFENDANT owed substantial INCOME TAX in addition to that declared in the defendant's tax return

The defendant knowingly and willfully attempted to evade or defeat the tax
[/LIST]

I am sure none of us would owe substantial tax than what was declared in the original return.

To be technical, that is wrong. There is NO statutory requirement that substantial income tax be owed. In theory, one could be prosecuted for $1 in underpaid taxes. In practice, of course, that would almost never happen for legal source income.

Also, to be even more technical, FBAR violations are not tax violations under Title 26 (the internal revenue code), but are violations under Title 31. There is no requirement for any tax loss at all to prosecute a FBAR violation. But yes, that is largely irrelevant from a practical aspect too.