An important part of the Stop Tax Haven Abuse proposal is to place the burden of proof in court
on the taxpayer; this approach was also suggested by Blum. As noted above, there is also a shift
in the burden of proof for accounts with non-qualified intermediaries for filing an FBAR (Foreign
Bank and Financial Account Report).
President Obama’s proposal would create a presumption that the funds in foreign accounts are
large enough to require an FBAR, which is required when amounts exceed $10,000. It would treat
failure to file for amounts in excess of $200,000 as willful, which permits criminal penalties and
larger civil penalties.
The HIRE Act (P.L. 111-147) would assume that, when adequate information is not provided,
foreign accounts exceed the $50,000 minimum that requires reporting (under other provisions) on
the tax return for purposes of assessing penalties.