PREP Podcaster - ”Success Favours The PREPared Mind”
News:News Commentary
September 29, 2022 ...
When it comes to an FBAR filing requirement a recent decision in the Katholos case confirms:
“Although an ownership interest in an entity would certainly be considered a financial interest in that entity, ownership is not necessary to have a financial interest."
_______________________________________
Virginia La Torre Jeker - @VLJeker
and
John Richardson - @Expatriationlaw
discuss this issue in the context of the life of Americans abroad.
On August 10, 2022 a US District Court issued a ruling on the ongoing Katholos FBAR saga.
https://casetext.com/case/united-states-v-katholos
Of particular interest is the following paragraph:
"Here, it is undisputed that Katholos was a beneficial owner of the Storchen Finance Account. In general, a “beneficial owner” is “[o]ne recognized in equity as the owner of something because use and title belong to that person, even though legal title may belong to someone else; esp., one for whom property is held in trust.-Also terms equitable owners Owner, Black's Law Dictionary (11th ed. 2019). Though Katholos denies that her status as a beneficial owner is “tantamount to having a ‘financial interest' in the account that may give rise to the FBAR reporting requirements,” Dkt. 98-1, ¶ 25, the Court concludes that, as a beneficial owner, Katholos had an equitable claim or right to the Storchen Finance Account- even if she did not have legal title. And because “interest” includes equitable rights to property, Katholos's arguments regarding legal title, who funded the account, and direct interest are not dispositive. See Continental Cas. Co. v. Bowen, No. 2:09-cv-00810-TC, 2011 WL 222340, *4 (D. Utah Jan. 21, 2011) (“Although an ownership interest in an entity would certainly be considered a financial interest in that entity, ownership is not necessary to have a financial interest.”). Thus, based on her status as a beneficial owner, the Court concludes that Katholos had a financial interest in the Storchen Finance Account."
Bottom Line: The Katholos decision reinforces the principle that one can't avoid the FBAR filing requirement by keeping your name off the account.
Although many Americans are extremely patriotic, more and more Americans are playing ”The Expatriation Games”
When Democracy And Freedom Collide In A World Of Tax Confusion
A Proposed Pillar 3 For International Tax Reform: Individuals Should Be Tax Residents Of Only One Country At A Time
When It Comes To Investing It‘s More About The Investor Than About The Investment - Discussion with Dan Mazzola, CFA and CPA
For Good And Evil: The Teaching Of Charles Adams Lesson 7
FATCA Thoughts From 2019: @Tpsmyth01 - @ADCSovereignty Trial Podcast
Smarter Social Security With Dan Mazzola, CFA, CPA - Don‘t Leave Money On The Table (especially Americans abroad)
Why The Fate Of Americans Abroad Is Not The Same As The Fate Of The Passengers On The Titanic
Renouncing US Citizenship: Two Solitudes - Separating Immigration/Nationality From Tax
For Good And Evil: The Teaching Of Charles Adams Lesson 6
The Good, The Bad and The Ugly: SEAT Analyzes Beyer HR 6057 - Is It Really Tax Simplification For Americans Abroad?
The Importance Of US Social Security For Americans Abroad
For Good And Evil: The Teaching Of Charles Adams Lesson 5
For Good And Evil: The Teaching Of Charles Adams Lesson 4
For Good And Evil: The Teaching Of Charles Adams Lesson 3
An Update With Ronald Aries (”The Dutch Pilot”): Catching Up With Him On The Eve Of His November 11 FATCA Appeal
Foreign Trusts With CPA Gary Carter: Forms 3520, 3520A And IRS Penalties
For Good And For Evil - The Teaching Of Charles Adams - Lesson 2
How Does Renunciation Affect Entitlement To US Social Security Payments?
For Good And For Evil: Podcast 1 - Introduction
Create your
podcast in
minutes
It is Free
The Tucker Carlson Podcast
The Matt Walsh Show
The Glenn Beck Program
Mark Levin Podcast
The Michael Knowles Show