IRS Offshore Compliance Programs

Streamlined Filing Procedures Calculator

Come into compliance with unreported foreign income and assets. SFOP (Foreign): 0% penalty. SDOP (Domestic): 5% of highest balance.

Avoid the standard $16,536/year FBAR penalty (6 years = $99,216). Check your eligibility and calculate your streamlined penalty.

Physical Presence Test
IRS-Compliant
Penalty Calculator

SFOP vs SDOP at a Glance

Two programs based on where you lived during the compliance period

0%

Streamlined Foreign (SFOP)

Form 14653
No Penalty

For U.S. citizens/residents who lived abroad and meet the physical presence test.

  • 330+ days outside U.S. in any of last 3 tax years
  • No U.S. abode during qualifying year
  • Certify non-willful conduct
  • Not under IRS examination
Savings vs. Standard Penalties
Up to $99,216+
5%

Streamlined Domestic (SDOP)

Form 14654
5% Penalty

For U.S. residents who do not meet the SFOP physical presence test.

  • U.S. resident all 3 years (or not 330 days abroad)
  • 5% of highest aggregate balance (6-year lookback)
  • Certify non-willful conduct
  • Not under IRS examination
Example: $500K highest balance
$25,000 penalty

What You Must File

Both SFOP and SDOP require the same documentation

📄

3 Years Tax Returns

Amended (1040-X) or original (1040) returns for the most recent 3 tax years.

  • • Report all worldwide income
  • • Include all foreign account interest/dividends
  • • Pay all tax and interest due
🌎

6 Years FBARs

FinCEN Form 114 for each of the most recent 6 years with foreign accounts over $10,000.

  • • All foreign bank accounts
  • • Securities and brokerage accounts
  • • Foreign pension accounts
📝

Information Returns

All applicable international information returns for the compliance period.

  • • Form 8938 (FATCA)
  • • Form 5471 (CFCs)
  • • Form 3520/3520-A (Trusts)
  • • Form 8865 (Partnerships)

The Physical Presence Test (For SFOP)

To qualify for the 0% penalty SFOP program, you must meet the physical presence test:

330 Days Abroad

You must have been physically present outside the United States for at least 330 full days during any one of the most recent 3 tax years.

No U.S. Abode

During your qualifying year, you must not have had a U.S. abode (a permanent home or dwelling place in the United States).

How to count days: Only full 24-hour days outside the U.S. count. Travel days where you were in the U.S. for any part of the day do not count toward the 330 days. Days in U.S. territories (Puerto Rico, Guam, USVI) count as U.S. days.

SDOP 5% Penalty Calculation

The penalty is based on your highest aggregate year-end balance

Penalty = 5% × Highest Balance

Across all foreign financial accounts for the 6-year lookback period

$100,000 highest balance$5,000 penalty
$250,000 highest balance$12,500 penalty
$500,000 highest balance$25,000 penalty
$1,000,000 highest balance$50,000 penalty
Compare to standard FBAR penalties: Non-willful FBAR penalties can be up to $16,536/year for 6 years = up to $99,216. For a $500,000 balance, SDOP would be $25,000.

*Illustrative example only. Actual penalties vary by case. Eligibility and outcomes are at IRS discretion.

Willfulness Disqualifies You

Streamlined procedures are only for non-willful violations. If any of the following apply, you should consult a tax attorney before making any disclosures:

Knew about FBAR requirement but chose not to file
Used offshore structures to conceal assets
Used nominee or shell accounts
Structured transactions to avoid reporting
Opened accounts specifically to evade taxes
Previously participated in VDP or streamlined

Alternative for willful violators: The IRS Voluntary Disclosure Practice (VDP) provides criminal protection but requires full payment of taxes, penalties (up to 75% fraud penalty + 50% FBAR), and interest. Attorney representation is strongly recommended.

Other IRS Compliance Options

If streamlined doesn't apply, other paths may be available

Delinquent FBAR

Often $0 Penalty

For taxpayers who properly reported all income but just missed FBAR filings.

  • • All income reported correctly
  • • All tax paid
  • • Low-risk profile

Delinquent Returns

Reasonable Cause

For specific international forms (3520, 5471, etc.) filed late with reasonable cause.

  • • Specific forms only
  • • Reasonable cause statement
  • • Often penalty-free

Voluntary Disclosure

75%+ Penalties

For willful violators needing criminal protection. Attorney required.

  • • Criminal protection
  • • Full civil penalties
  • • Attorney representation

Streamlined Procedures FAQs

The Streamlined Filing Compliance Procedures are IRS programs that allow taxpayers with unreported foreign income and assets to come into compliance with reduced or no penalties. There are two versions: SFOP (Streamlined Foreign Offshore Procedures) for those living abroad with 0% penalty, and SDOP (Streamlined Domestic Offshore Procedures) for U.S. residents with a 5% penalty on the highest aggregate account balance.

To qualify for SFOP (0% penalty), you must demonstrate that you were physically outside the United States for at least 330 full days during any one of the last three tax years. This is the same test used for the Foreign Earned Income Exclusion. You must also have had no U.S. abode (permanent home) during that qualifying year.

The SDOP penalty equals 5% of the highest aggregate year-end balance of all foreign financial accounts during the 6-year lookback period. For example, if your foreign accounts peaked at $500,000 in any year, the penalty would be $25,000. This includes bank accounts, securities accounts, and certain foreign financial assets.

Non-willful conduct means the failure to report foreign income, pay tax, or submit required information returns was due to negligence, inadvertence, mistake, or conduct resulting from a good faith misunderstanding of the requirements. You must certify under penalties of perjury that your failures were non-willful on Form 14653 (SFOP) or Form 14654 (SDOP).

You must file: (1) Three years of amended or original income tax returns (Form 1040-X or 1040), (2) Six years of FBARs (FinCEN Form 114), and (3) All applicable international information returns such as Forms 8938, 5471, 3520, 3520-A, 8865, 8621, and 926 for the relevant years.

No. Streamlined procedures are only available for non-willful violations. If you knowingly failed to report foreign income or file required returns, you cannot use streamlined procedures. Willful violators should consider the IRS Voluntary Disclosure Practice (VDP), which provides criminal protection but requires full payment of taxes, penalties, and interest.

High-risk indicators include: using offshore structures to conceal assets, nominee or shell accounts, structured transactions to avoid reporting thresholds, opening accounts specifically to evade taxes, and knowing about FBAR requirements but choosing not to file. If any of these apply, consult a tax attorney before making any disclosures.

SDOP may result in lower penalties than standard FBAR procedures. Standard non-willful FBAR penalties can reach $16,536 per year (6 years = $99,216). SDOP is 5% of the highest balance once. Example: with a $200,000 peak balance, SDOP would be $10,000. Actual penalties and outcomes vary by case and are at IRS discretion.

You cannot use streamlined procedures if you are under civil examination by the IRS for any tax year, or if you are under criminal investigation by IRS Criminal Investigation (CI). If you have received any IRS notice or are being audited, you are likely ineligible. In this case, other options like the Voluntary Disclosure Practice may still be available.

The IRS reviews submissions but does not issue acceptance letters. If your submission is complete and accurate, you should not hear back. The IRS may contact you if there are questions or if they believe the failure was willful. Returns filed under streamlined are subject to normal examination procedures for a 6-year period.

Check Your Streamlined Eligibility Now

Calculate whether you qualify for SFOP (0% penalty) or SDOP (5% penalty)

This calculator provides estimates for informational purposes only. Streamlined procedures eligibility depends on complex facts and circumstances. The non-willfulness certification is made under penalties of perjury. Consult a qualified international tax attorney or CPA before submitting any streamlined filing. We do not provide legal, tax, or financial advice and do not represent you before the IRS.