Some examples of tax evasion:

1. Failure to consistently worldwide income received by a U.S. Taxpayer;
2. Failure to file Federal Income Tax returns which would result in the imposition of a tax liability;
3. Repeated exclusion of investment income from foreign investments on the taxpayer’s income tax return;
4. Using nominees or shell companies to avoid detection of the existence of Foreign Financial Accounts or Foreign Financial Assets and the reporting of income;
5. Having stock in a closely held business held by a non-resident relative, nominee or other person in order to avoid detection and classification as a Controlled Foreign Corporation;
6. Diverting foreign income and assets to a foreign non-profit corporation for purposes of avoiding detection by the IRS of the beneficial owner of the income and assets;
7. Diverting income and assets to a foreign trust to avoid detection by the IRS;
8. Deliberate failure to indicate the existence and location of the foreign account on schedule B of the taxpayer’s income tax return; and
9. Repeated failure by a U.S. citizen or resident to file Form FinCen 114 with respect to accounts maintained in a foreign bank or institution with a balance greater than $10,000 at any one time during a tax year.

1. For the majority of U.S. taxpayers, removal of the possibility of criminal prosecution for those that have engaged in tax evasion. This assumes the taxpayer makes a truthful, timely and complete cooperative voluntary disclosure of his or her worldwide income and Foreign Financial Accounts and Foreign Financial Assets, even where criminal tax acts were willfully committed.
2. The opportunity to calculate, with a reasonable degree of certainty, the total cost of resolving all offshore tax issues for years in which the income was not reported and Foreign Financial Accounts or Foreign Financial Assets were not reported.