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My US preparer filed without Form 3520, 5471, 8621, 8858, 8865, 8938, FBAR or foreign tax credits. Now what?

October 12, 2026

Your preparer may be excellent at US returns, US practice runs on W-2s, 1099s and K-1s, but European banks, funds, pensions and companies issue none of these, so the foreign side of a return is easy to miss.

A return filed without a required Form 3520, 5471, 8621, 8858, 8865 or 8938 stays open past the the seven-year statute of limitations until filed correctly. Most carry penalties from $10,000 per form, per year. Missing FBARs, filed separately with FinCEN, carry their own.

Missed foreign tax credits cut the other way: you paid US tax that European tax should have cancelled. Refund claims stay open ten years.

The fix: amended returns that report everything and claim every credit. Non-willful taxpayers abroad can usually use the Streamlined Foreign Offshore Procedure, which waives the penalties. That door closes once the IRS contacts you.

The additional tax is often nil; the exposure is in the forms. We bring them current.