Streamlined Foreign Offshore Procedures

The Streamlined Foreign Offshore Procedures let U.S. persons living abroad who non-willfully failed to file returns or FBARs catch up on three years of returns and six years of FBARs with no offshore penalty.

How it works

U.S. persons who meet the non-residency test (in one of the last three years, no U.S. abode and at least 330 full days outside the United States) file three years of returns, six years of FBARs, and Form 14653 certifying non-willfulness, with no offshore penalty. Unlike the domestic version, original never-filed returns are accepted, which makes it the path for Americans abroad who did not know they had to file.

Why it matters

The foreign earned income exclusion and foreign tax credit mean many expats owe little or no U.S. tax once they file, so the procedures often cost nothing but the preparation. The residency test is strict and counted in days.

Example

An American teaching in Spain since 2018 never filed U.S. returns. She files 2023 through 2025 returns claiming the foreign earned income exclusion, six FBARs, and Form 14653. Her U.S. tax is zero and no penalty applies.

Related: Streamlined Domestic, Form 14653, foreign earned income exclusion. Read more: streamlined foreign offshore procedures.

Where this comes up in our work

International tax attorneys

FBAR, FATCA, streamlined procedures, voluntary disclosure, and foreign trust and gift reporting.

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Definitions are general information, not legal advice, and may not reflect the most recent changes in law.