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September 22, 2023
Question

Forgot to click Foreign account check box as Yes in Schedule B part 3, 7a 7b . Do I need to amend?

  • September 22, 2023
  • 1 reply
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 I attached foreign banks accounts in 8938 (over $50K but forgot to click Foreign accounts =Yes(left as default = no by mistake) while submitting. This check box is for Schedule B  part 3 questions 7a 7b .
Returns are accepted but in IRS transcript shows "foreign acct ind"=NO
 
Should that matter or needs to be amended to show as YES as forms are sent? I have done FBAR/Fincen for these accounts
 
Does it need amendment?
 
 
 
 
 
 
 
 
 
 
 
 
 
 

    1 reply

    Employee
    September 23, 2023

    @valleybuy , even though IRS Schedule-B uses  "must fill out" the tick boxes there is NO requirement for an amended return  -- (a) amended  returns are for cases where there is a difference in either taxable income and/or tax liability ;  (b) there is no curative mechanism  for the error you quoited;  (c) Note that this  tick boxes are to cover the case where the filer has foreign income ( passive ) but does not meet the requirements(s) for FBAR ( FinCen form 114 ) and/or FATCA ( form 8938 ). 

    Thus my opinion / suggestion would be to hold still and see the IRS come calling , in which case admit error and there should be no further issue.   I say this because the governing requirements are the FBAR and FATCA -- which you have complied with.

     

    Is there more I can do for you ?

     

    valleybuyAuthor
    September 24, 2023

    Thank you for responding , what is the curative mechanism ?

    For all amendments for last 3-4 years I have it wrongly as No. does that change anything ?

    Employee
    September 24, 2023

    @valleybuy , curative is when IRS send a form for you to sign --- they sometimes make obviously missed items , repair the error and send you for signature  ( your return has to be signed somehow ( digitally or wet ).

    If you have made the same error for the past few years, I would not wake up that sleeping dog.  If IRS needs  something  ( especially they more payment ) they will come back to you.

     

    Is there help you need ?