If you realized after tax day that you should have filed Form 8858, you can file it through the Delinquent International Information Return Submission Procedure11.
But you can’t just submit this form to avoid penalties. Instead, you should submit a written statement that explains why you did not file this form on time. If you don’t submit a statement, you could face penalties.
The IRS reviews each statement under this procedure on a case-by-case basis. There’s no guarantee you won’t face penalties, but a thorough statement will improve your chances of receiving penalty-free relief.
You can submit statements for any past due Forms 8858 – unless the IRS has already notified you of your failure to file.
To submit your statement and Form 8858, you’ll need to file an amended tax return.
Bright!Tax can guide you through creating a statement that will improve your chances of avoiding penalties and help you file your amended tax return. If you’ve already received a notice from the IRS, a Bright!Tax CPA can walk you through the next steps to clean up your tax requirements.