What this checker does
The IRS runs several catch-up routes, and choosing the wrong one forfeits protections available in the right one. This tool applies the published rules to your answers. It separates the penalty-free streamlined tracks from the delinquent FBAR procedures and from the cases that need advice before anything gets filed.
It is a first pass, not a verdict. Because the streamlined program leans on a signed non-willful certification, the borderline calls belong with a specialist rather than a form on the internet — including this one.
Why does the 330-day question matter?
It decides which streamlined track applies. Spend 330 full days outside the US in any one of the last three years, with no US home base, and the foreign offshore track opens — the version with every penalty waived. Fall short and only the domestic track remains, which carries a 5% asset penalty.
What counts as non-willful?
Negligence, inadvertence or genuine misunderstanding — the classic case being someone who paid UK tax in full and assumed that settled everything. Deliberate concealment sits on the other side of the line. The distinction drives everything, because the streamlined certification states your conduct under penalty of perjury.
- Typically non-willful: never knew about FBARs, believed UK tax covered it, relied on a preparer who never asked about foreign accounts
- Typically willful: moving money to hide it, ticking 'no' to foreign-account questions you understood, ignoring professional warnings
- Genuinely unsure: get the facts assessed before certifying anything
What the routes involve
The foreign offshore track packages three years of returns, six years of FBARs and a Form 14653 certification — we walk through the statement itself in our Form 14653 guide. The delinquent FBAR route is lighter: late FBARs with a reasonable-cause note, where the returns were already right. And where facts are willful, the Voluntary Disclosure Practice exists precisely so those cases have a lawful door too.
Whichever route fits, timing matters more than perfection. Eligibility for the streamlined tracks survives only until the IRS makes contact — the full picture sits in our streamlined filing guide, and our streamlined catch-up service runs the whole package on a fixed fee. Ask us anything if your answers land in a grey zone.
Last reviewed 7 September 2026 by the US UK Tax Accountants Tax Team. This tool is general information, not personal tax advice — speak to a qualified US/UK tax adviser about your own position.
This page is general information, not personal tax advice. Cross-border positions turn on individual facts — speak to a qualified US/UK tax adviser before acting. Ask us a question.