Streamlined Filing Compliance Procedures (SFCP)

Streamlined Filing Compliance Procedures (SFCP)

Streamlined Filing Compliance Procedures: The Streamlined Filing Compliance Procedures are complex. So much so, we dedicated a website solely to understanding the Streamlined Filing Compliance Procedures. The IRS has developed two main programs: Streamlined Domestic Offshore Procedures & Streamlined Foreign Offshore Procedures. In recent years, the Internal Revenue Service has begun the aggressive enforcement of foreign accounts and assets compliance. Offshore penalties can be pretty bad, especially FBAR penalties.

Streamlined Filing Compliance Procedures

The Streamlined Filing Compliance Procedures include the domestic program and foreign program.  If you are surfing our website (or stuck in a rabbit hole), you are probably here because you may be considering the streamlined program.

If you already spoke to some fear monger attorneys who want you to believe the fuzz will be at your door any minute and you need to sign the retainer now (you shouldn’t)  or “specialists” who seem to specialize in 5 different areas of tax and know less than you do, take a deep breath, and relax.

We can help you.

*Beware of less experienced copycat law firms trying to mislead you.

What are the Streamlined Filing Compliance Procedures?

The IRS developed the new streamlined filing compliance procedures (SFCP) in 2014.  

There are two versions of the streamlined program:

  • Streamlined Domestic Offshore Procedures (SDOP); and
  • Streamlined Foreign Offshore Procedures (SFOP)

The two programs are similar, but different.

Purpose of the Streamlined Compliance Procedures

The purpose of the IRS streamlined program is to bring taxpayers into U.S. tax and reporting compliance. Specifically, it is to bring non-willful applicants with foreign income, assets, accounts and investments into compliance. But, a person can disclose unreported U.S. income as well.

Before the streamlined procedures were available, non-willful taxpayers were stuck using OVDP and then opting-out.

Three Main Components to SFCP

With the streamlined filing procedures, the taxpayer has three (3) main obligations:

  • File original or amended tax returns
  • File necessary informational returns and reporting forms, such as FBAR and FATCA Form 8938
  • Pay all necessary taxes and penalties

Eligibility for the Streamlined Procedures

While the eligibility requirements vary between the two streamlined programs, there are some general consistencies:

Taxpayers Must be Non-Willful

In order to qualify for either streamlined procedure, the taxpayer must be non-willful. Unfortunately, there is no bright-line test to determine non-willfulness. Still, there are many resources available online to assist you with making the determination.

The issue of non-willfulness is very important because the taxpayer must certify under penalty of perjury.

No Initiation of an IRS Civil Examination

If you are already under an IRS audit or examination, then you are disqualified from submitting to the streamlined program.


Because if you are already under IRS audit or examination, even if it is because of issues unrelated the streamlined procedures, you are under obligation to update the auditor about the unreported foreign money.

*There are some complex issues involving self-incrimination and eggshell audits. You may want to speak with attorney if you’re already under examination.

Resolving Past Delinquent Quiet Disclosure

If you were unaware of these procedures, and already submitted previously filed tax returns and/or information returns, you may still qualify for the streamlined procedures — but this presumes your prior actions were non-willful.

Tax Identification Number

The IRS requires that you have a Social Security number or valid Individual Taxpayer Identification Number (ITIN).  But, if you do not have either, and do not qualify for a Social Security number, you can still apply.

The submission should include a request for the taxpayer identification number.

*If you qualify for a Social Security number, you cannot apply for an ITIN as an alternative.

OVDP or Streamlined

Even though OVDP has ended, the traditional VDP has picked up where OVDP left off. If you are submitting to the streamlined procedures, you do not also get to submit to VDP. In other words, let’s say you are unsure if you qualify as non-willful. If you submitted to IRS streamline procedures and are rejected – you cannot then go back and submit to VDP.

This is why it is crucial that you retain experienced counsel who specializes exclusively in this area of law to guide through the tax and legal process of submission.

General Treatment under the Streamlined Filing Compliance Procedures

A common questions is about how the taxpayer is treated in the program. Here are some key tips:

Can I Still be Audited after a Streamlined Disclosure?

Yes, you can still be audited after a streamlined disclosure.

That is why it is important that your fee agreement with your streamlined attorney is a flat-fee arrangement — and should include:

  • Tax Preparation;
  • Legal Representation; and
  • Audit Defense

Is there an Increased Chance of Audit?

No, entering the streamlined procedure does not increase the chance of audit.


Because at the end of the day if you are in IRS offshore compliance, then the IRS does not have much in the way of issuing more penalties against you.

Do I Receive a Closing Letter?

You do not receive a closing agreement after submitting to the program.  If you submit to the domestic procedures, you should receive a confirmation letter later in the process.  If you submit to the foreign procedures do not receive the same letter, since there is no penalty for the IRS to confirm.

Does the Streamlined Procedure provide Criminal Protection?

No. But, if you are non-willful, then you are not at risk for any IRS Special Agent investigation or criminal prosecution.

Take the First Step – Contact our Streamlined Specialist Team

Our Board-Certified Tax Law Specialist team can safely get you compliant. Contact us today for a reduced-fee initial consultation.

We Specialize in Streamlined & Offshore Voluntary Disclosure

We specialize exclusively in international tax, and specifically IRS offshore disclosure.

We have successfully represented clients in more than 1,000 streamlined and voluntary offshore disclosure submissions nationwide and in over 70-different countries. We have represented thousands of individuals and businesses with international tax problems.

We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe.

Beware of less experienced copycat tax and law firms trying to mislead you.

Less than 1% of Tax Attorneys Nationwide Are Certified Specialists

Our lead attorney is one of less than 350 Attorneys (out of more than 200,000 practicing California Attorneys) to earn the Certified Tax Law Specialist credential. The credential is awarded to less than 1% of Attorneys.

Recent Case Highlights

  • We represented a client in an 8-figure disclosure that spanned 7 countries.
  • We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure.
  • We represented an overseas family with bringing multiple businesses & personal investments into U.S. tax and offshore compliance.
  • We took over a case from a small firm that unsuccessfully submitted multiple clients to IRS Offshore Disclosure.
  • We successfully completed several recent disclosures for clients with assets ranging from $50,000 – $7,000,000+.
How to Hire Experienced Streamlined Counsel?

How to Hire Experienced Streamlined Counsel?

How to Hire Experienced Offshore Counsel?

Generally, experienced attorneys in this field will have the following credentials/experience:

  • Board Certified Tax Law Specialist credential
  • Master’s of Tax Law (LL.M.)
  • Dually Licensed as an EA (Enrolled Agent) or CPA
  • 20-years experience as a practicing attorney
  • Extensive litigation, high-stakes audit and trial experience

Interested in Learning More about our Firm?

No matter where in the world you reside, our international tax team can get you IRS offshore compliant.

We specialize in FBAR and FATCA. Contact our firm today for assistance with getting compliant.

Board-Certified Tax Law Specialist

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