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Do You Owe Taxes on Money You Lost in Your Scam?

U.S. Law: Foreign Account Tax Compliance Act (FATCA)

A SCARS Insight

Author:
•  SCARS Institute Encyclopedia of Scams Editorial Team – Society of Citizens Against Relationship Scams Inc.

SCARS Encyclopedia of Scams Article Abstract

The Foreign Account Tax Compliance Act (FATCA) of 2010 aims to promote tax compliance by requiring foreign financial institutions to report information about U.S. citizens’ accounts. If a scammer uses your name to open a foreign account, you might unknowingly be liable for taxes on the scammed money.

The IRS could impose a 30% withholding tax on U.S.-sourced income if the account holder or institution doesn’t comply with FATCA. Even if the money was scammed, defending against the IRS may require hiring a tax attorney and can be complicated if the crime wasn’t reported to law enforcement.

U.S. citizens with over $10,000 in foreign accounts must report these to the IRS and the U.S. Treasury. Non-compliance can lead to severe penalties, including charges for tax evasion or money laundering. The key takeaway is to avoid sending money, as it can result in unintended tax and legal consequences.

Government Policy Banner - on SCARS Encyclopedia of Scams

A Tax Law Passed In 2010 That May Impose Taxes On Money Sent To Scammers!

Updated August 12, 2021

It May Require That You Pay Taxes On Money Scammed From You!

The Foreign Account Tax Compliance Act (FATCA) 2010 is an initiative of the United States Government to promote tax compliance and uncover tax evasion by its citizens/residents and US-owned (legal) entities.

The Act requires that Foreign Financial Institutions (FFIs) provide information to the United States Internal Revenue Service on monies received or accounts maintained for citizens/residents of the US outside the U.S.

For Americans who hold assets with foreign institutions, for whatever reason, the tax ramifications are an area of serious concern. The Internal Revenue Service (IRS) treats money held in foreign banks differently than money held in domestic bank accounts. To put it bluntly, they don’t like U.S. citizens having offshore or overseas accounts—mostly out of fear of being unable to take revenue from such accounts—and so they discourage the practice.

Consider This Scenario

A scammer has you send money to them. To hide the money from their local government they open a bank account in your name working with a corrupt banking employee! Yes, this happens all the time! The scammer has control of the account and runs money in and out of it.

Most countries report U.S. account holders to the IRS. The IRS becomes aware of this and demands that the 30% tax be paid of money that was actually scammed from you. While you can defend yourself on the basis that this was a scam, you have to defend yourself. That involves hiring a tax attorney and dealing with a potentially hostile IRS. This is especially a problem if the crime was not properly reported to law enforcement.

The Details

As stipulated by FATCA, a 30% Withholding Tax will be imposed on US-sourced income paid to any FFI if the FFI fails to comply with FATCA or on an account holder that fails to provide information to determine whether or not they are a US taxpayer (such an individual/institution is termed a Recalcitrant account holder).  If the 30% is not imposed, the U.S. Citizen or Resident is responsible for that payment to the IRS.

In compliance with this Act, Foreign Financial Institutions are required to provide information to the United States Internal Revenue Service on individual and corporate customers who qualify based on the following criteria:

Corporate Customers, who are:

  •  Individual shareholders who qualify under the above conditions and with a minimum of 10% shares in companies who execute transactions with a foreign bank
  •  Corporate organizations incorporated in the United States with a minimum of 10% shareholding in companies execute transactions with a foreign bank.

 Individual Customers, who:

  •  Are US citizens, have a US passport or green card
  •  Have US place of birth
  •  Have US residences or mailing address
  •  Have US telephone numbers
  •  Have standing instructions to transfer funds to US-based accounts
  •  Have Power of attorney or signatory authority granted to a person with a US address; or
  •  Are in care-of or hold mail addresses that are the sole address of account holders

The IRS has indicated that money sent via Western Union or Money Gram may qualify for this withholding.  Additionally, money sent for the purpose of evasion of taxes, such as to receive a cash payment from a foreign bank may be considered criminal evasion as well.

Receiving Money

If the scammer has access to your U.S. bank account and is moving money in and out through it, this may also trigger this plus additional penalties for money laundering.

Additionally, few may know this, but a U.S. citizen or resident that sends money to a foreign criminal entity may also be charged with being an accessory by the U.S. Department of Justice.

Be Careful

  • Any U.S. citizen with foreign bank accounts totaling more than $10,000 must declare them to the IRS and the U.S. Treasury, both on income tax returns and on FinCEN Form 114.
  • The Foreign Account Tax Compliance Act (FATCA) requires foreign banks to report account numbers, balances, names, addresses, and identification numbers of account holders to the IRS.
  • The federal government can bring civil and criminal charges against those who fail to disclose foreign accounts or pay taxes on foreign account assets.

The issue is: What did the scammer do with the money? Did they connect it to you?

As with all such issues, we recommend that you contact a qualified financial professional or attorney to review your situation and help you develop strategies to avoid these issues.

The Long And The Short Of This Is?
Don’t Send Money!

If you did send money report this to the police so you have a legal record of the criminal activity!

We recommend careful record-keeping of your scam so that if there are ever complications, you have the information that you need. SCARS publishes its RED BOOK Scam Information Record Organizer available from the SCARS Store.

NOT FINANCIAL, TAX, OR LEGAL ADVICE

The information contained on this Website and the resources, articles, and information available through this website are not intended as, and shall not be understood or construed as, financial advice, tax advice, or legal advice. They are provided for general education and entertainment. SCARS is not a law firm, attorney, accountant, or financial advisor, nor do we claim to be, and the information contained on this Website is not a substitute for financial advice from a licensed professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided on this Website and the resources available are accurate and useful, but information can rapidly become obsolete. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a financial professional to address your particular information. SCARS expressly recommends that you seek advice from a professional in all matters involving finance, taxation, and legal matters.

By your use of this website, you are explicitly agreeing that neither SCARS nor any of its board members, directors, employees, or volunteers shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent financial or legal advice from a professional who is familiar with your situation.

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Important Information for New Scam Victims

If you are looking for local trauma counselors please visit counseling.AgainstScams.org or join SCARS for our counseling/therapy benefit: membership.AgainstScams.org

If you need to speak with someone now, you can dial 988 or find phone numbers for crisis hotlines all around the world here: www.opencounseling.com/suicide-hotlines

A Note About Labeling!

We often use the term ‘scam victim’ in our articles, but this is a convenience to help those searching for information in search engines like Google. It is just a convenience and has no deeper meaning. If you have come through such an experience, YOU are a Survivor! It was not your fault. You are not alone! Axios!

A Question of Trust

At the SCARS Institute, we invite you to do your own research on the topics we speak about and publish, Our team investigates the subject being discussed, especially when it comes to understanding the scam victims-survivors experience. You can do Google searches but in many cases, you will have to wade through scientific papers and studies. However, remember that biases and perspectives matter and influence the outcome. Regardless, we encourage you to explore these topics as thoroughly as you can for your own awareness.

Statement About Victim Blaming

Some of our articles discuss various aspects of victims. This is both about better understanding victims (the science of victimology) and their behaviors and psychology. This helps us to educate victims/survivors about why these crimes happened and to not blame themselves, better develop recovery programs, and to help victims avoid scams in the future. At times this may sound like blaming the victim, but it does not blame scam victims, we are simply explaining the hows and whys of the experience victims have.

These articles, about the Psychology of Scams or Victim Psychology – meaning that all humans have psychological or cognitive characteristics in common that can either be exploited or work against us – help us all to understand the unique challenges victims face before, during, and after scams, fraud, or cybercrimes. These sometimes talk about some of the vulnerabilities the scammers exploit. Victims rarely have control of them or are even aware of them, until something like a scam happens and then they can learn how their mind works and how to overcome these mechanisms.

Articles like these help victims and others understand these processes and how to help prevent them from being exploited again or to help them recover more easily by understanding their post-scam behaviors. Learn more about the Psychology of Scams at www.ScamPsychology.org

Psychology Disclaimer:

All articles about psychology and the human brain on this website are for information & education only

The information provided in this article is intended for educational and self-help purposes only and should not be construed as a substitute for professional therapy or counseling.

While any self-help techniques outlined herein may be beneficial for scam victims seeking to recover from their experience and move towards recovery, it is important to consult with a qualified mental health professional before initiating any course of action. Each individual’s experience and needs are unique, and what works for one person may not be suitable for another.

Additionally, any approach may not be appropriate for individuals with certain pre-existing mental health conditions or trauma histories. It is advisable to seek guidance from a licensed therapist or counselor who can provide personalized support, guidance, and treatment tailored to your specific needs.

If you are experiencing significant distress or emotional difficulties related to a scam or other traumatic event, please consult your doctor or mental health provider for appropriate care and support.

Also read our SCARS Institute Statement about Professional Care for Scam Victims – click here to go to our ScamsNOW.com website.

If you are in crisis, feeling desperate, or in despair please call 988 or your local crisis hotline.