Cross-Border Tax Services
U.S. tax for people whose money, family, or work crosses a border.
Updated November 2026
Accounts and mutual funds back home, a gift from your parents, a flat you rent out or sold, a move to the U.S. or a move back: each one comes with U.S. filings that carry fixed-dollar penalties whether or not any tax is owed. Rubric Financial handles the U.S. side of cross-border tax for individuals, families, and small businesses and coordinates with your accountant abroad. The practice runs deepest on the U.S.–India corridor, where two of our partners are Chartered Accountants: Indians in the U.S. with accounts, funds, or property in India, U.S. citizens and green card holders living in India who still file here, families with money moving between the two countries, and businesses owned or staffed across the border.
Chartered Accountants and a licensed CPA on one team · Enrolled Agent for missed years · fixed quote after a short review · clients in all 50 states.
The short answer
If you are a U.S. tax resident and your foreign accounts together exceeded $10,000 at any point in the year, you file an FBAR, and often Form 8938 as well. Foreign mutual funds, including Indian mutual funds, are generally PFICs reported on Form 8621. A gift or inheritance of more than $100,000 from relatives abroad goes on Form 3520. Tax paid abroad on income the U.S. also taxes is credited on Form 1116. A U.S. citizen or green card holder living in India still files every year, using Form 2555 or the foreign tax credit to avoid paying twice. A U.S. LLC or corporation that is 25% or more foreign-owned files Form 5472 every year. Missing these forms triggers penalties that start at $10,000 per form, even when no tax is due. Missed prior years can usually be fixed through the delinquent or streamlined procedures if you act before the IRS does.
Cross-border tax splits cleanly into two halves. The home-country half (your Indian ITR, UK self-assessment, or Canadian T1, plus items like GST, TDS, Form 15CA/15CB, and FEMA) belongs to your accountant there. The U.S. half belongs to us: the federal and state returns, the information returns listed below, the residency analysis, and the coordination that keeps the two sides consistent on exchange rates, income categories, and treaty positions.
Who this is for
Eight situations that bring people to us
Most clients fit two or three of these at once. The forms stack; the engagement is scoped once.
Indians in the U.S. with assets in India
On an H-1B, L-1, or O-1 visa, a green card, or a U.S. passport with an OCI card, and still holding NRE, NRO, or FCNR accounts, fixed deposits, Indian mutual funds, a demat account, PPF or EPF, a flat that is rented out, or a stake in the family company. Every one of those is reportable in the U.S., and several are taxable here even though they are exempt in India.
U.S. citizens and green card holders living in India
Working in Bengaluru or Mumbai for an Indian or U.S. employer, running a business from India, retired to India, or raising children there. A U.S. citizen files a U.S. return every year wherever they live. Form 2555 or the foreign tax credit, Indian EPF, the June 15 automatic extension, state residency, and FBAR all come into play, and a green card holder has the same obligations until the card is formally surrendered.
Families receiving gifts or inheritances
Parents wiring money for a house, an inheritance after a death in the family, or a share of property sold abroad. The money is usually not taxable income in the U.S., but above a threshold it must be reported on Form 3520, and the late penalty is a percentage of the gift.
Owners of property or investments overseas
Rental income from a flat abroad, a property sale with tax withheld in the other country, dividends and capital gains on foreign stocks, or employee shares from a prior employer. Each needs U.S. reporting, a foreign tax credit, and consistent exchange rates.
People moving to or from the U.S.
The first year on a work visa, a dual-status year when you arrive or leave, a spouse or parent who needs an ITIN, a move back home after years in the U.S., or a decision to give up a green card. Residency drives everything, and the timing of the move changes the answer.
Small businesses owned from abroad
A U.S. LLC or corporation that is 25% or more owned by an Indian individual or an Indian company, including a single-member LLC set up to sell into the U.S. Form 5472 with a pro forma Form 1120 every year, state registrations, and the owner's own U.S. filing if there is U.S.-source income.
U.S. businesses with people or entities abroad
A U.S. small business with a subsidiary or branch in India, contractors or a development team there, or payments of interest, royalties, or dividends to foreign owners. Forms 5471, 8865, or 8858, W-8BEN collection, Form 1042 withholding, and U.S.-side transfer pricing for the intercompany charge.
Anyone who missed foreign filings in past years
Never filed an FBAR, left foreign interest off a return, only just learned that the fund you hold is a PFIC, or lived abroad for years without filing at all. The delinquent and streamlined procedures exist for exactly this; led here by an Enrolled Agent who spent 15+ years inside the IRS.
Which forms apply
The U.S. forms that come with foreign money
Eleven filings cover almost every individual and small-business cross-border situation. Each has its own trigger, its own due date, and its own penalty, and most of the penalties apply even when no tax is owed.
| Form | When it applies | Due | If it is missed |
|---|---|---|---|
| FBAR (FinCEN Form 114) | Your foreign financial accounts together exceeded $10,000 at any point in the year, including accounts you only have signature authority over | April 15, automatic extension to October 15; filed with FinCEN, not the IRS | Inflation-adjusted. Over $16,000 per late report for a non-willful failure; willful failures run to the greater of roughly $165,000 or 50% of the balance |
| Form 8938 (FATCA) | Specified foreign financial assets above $50,000 at year end or $75,000 at any time for a single filer living in the U.S.; double for joint filers; higher thresholds if you live abroad | With your Form 1040, extensions included | $10,000, plus up to $50,000 more after an IRS notice, and a 40% penalty on any underpayment tied to an undisclosed asset |
| Form 8621 (PFIC) | You hold foreign mutual funds, ETFs, or certain unit-linked insurance plans. Indian mutual funds are generally PFICs. One form per fund, with a small-holdings exception at $25,000 total ($50,000 joint) if nothing was sold or distributed | With your Form 1040 | No fixed dollar penalty, but an unfiled Form 8621 can keep the statute of limitations open on your entire return, and the default tax regime is punitive |
| Form 3520 | You received more than $100,000 in a year in gifts or bequests from a nonresident individual or foreign estate (relatives are aggregated), or any distribution from a foreign trust | April 15, extends with your income tax return | 5% of the gift for each month late, up to 25%. Since late 2024 the IRS reviews reasonable-cause statements before assessing, instead of assessing automatically |
| Form 1116 and Form 8833 | You paid tax abroad on income the U.S. also taxes (rent, interest, capital gains, salary), or you rely on a tax treaty to change the U.S. result | With your Form 1040 | Missed credits mean paying tax twice; an undisclosed treaty position carries its own $1,000 penalty |
| Forms 5471, 8865, 8858 | You own or control a foreign corporation, partnership, or disregarded entity, including a family private limited company you still hold shares in | With your income tax return, extensions included | $10,000 per form per year, plus up to $50,000 more after notice; the statute of limitations on the whole return stays open until filed |
| Form 2555 (Foreign Earned Income Exclusion) | You are a U.S. citizen or green card holder living and working abroad and meet the bona fide residence test or the physical presence test (330 full days in a 12-month period); excludes earned income up to an inflation-adjusted cap, about $130,000 for 2025, plus a housing amount | With your Form 1040; taxpayers abroad get an automatic extension to June 15, with interest running from April 15 | No penalty for not electing, but the choice between the exclusion and the foreign tax credit is sticky: once revoked, the exclusion cannot be re-elected for five years without IRS consent |
| Form 5472 (with pro forma Form 1120) | A U.S. corporation, or a U.S. single-member LLC, is 25% or more owned by a foreign person or company and had any transaction with that owner or a related party, including capital contributions and loans | With the corporate return (April 15 for calendar-year filers, extensions included); a foreign-owned disregarded LLC files it attached to a pro forma Form 1120 | $25,000 per form per year, plus $25,000 for each 30 days the failure continues after 90 days from an IRS notice |
| Forms W-8BEN / W-8BEN-E and 1042 / 1042-S | Your U.S. business pays foreign contractors, vendors, or owners. Services performed entirely abroad are foreign-source and not withheld on, but a W-8 should be on file; U.S.-source interest, dividends, royalties, or fees for work done in the U.S. are reported on Form 1042-S and withheld on at the treaty rate | Form 1042 and 1042-S by March 15 for the prior calendar year | The business is liable for tax it should have withheld, plus penalties and interest; missing 1042-S forms carry per-form information return penalties |
| Form 8854 | You give up U.S. citizenship or a green card held in at least 8 of the last 15 years | With the final dual-status return for the year you expatriate | A $10,000 penalty for a missing form, and covered-expatriate status if you fail to certify five years of compliance, which triggers the mark-to-market exit tax |
| Streamlined and delinquent procedures | You missed FBARs or left foreign income off prior returns and the failure was non-willful | Before the IRS contacts you; eligibility ends once an examination opens | Domestic streamlined: 3 years of amended returns, 6 FBARs, and a 5% penalty on the highest aggregate balance. Delinquent FBAR submission: no penalty where all income was reported |
Thresholds and penalty amounts are as published for 2026 and are adjusted for inflation; the exact figure on a notice will differ by year. Form 3520 also applies to gifts from foreign corporations and partnerships at a much lower, inflation-adjusted threshold.
Worked examples
Twelve situations we see every filing season
Written with India as the worked example, because that is where most of our cross-border clients come from. Swap in a TFSA, an ISA, or a superannuation fund and the U.S. mechanics are the same.
Interest on NRE, NRO, and fixed deposit accounts
NRE interest is tax-free in India, but a U.S. resident reports it as ordinary income with no foreign tax credit to offset it. NRO interest is taxed in India through TDS, and that tax is creditable on Form 1116 in the passive basket. Both account types count toward the FBAR and Form 8938 thresholds. The same pattern holds for a UK ISA or a Canadian TFSA: tax-free at home, fully taxable here.
Indian mutual funds and other foreign funds
Indian mutual funds are foreign corporations holding passive assets, which makes them PFICs. Under the default rules, gains and large distributions are taxed as ordinary income spread back over your holding period with an interest charge, and each fund gets its own Form 8621. We work out the tax treatment, the elections that are actually available, and the reporting. Whether to keep or sell any fund is your decision.
A gift from parents, or an inheritance, from abroad
A gift from a nonresident parent is not income to you, and there is no U.S. gift tax on the recipient. What exists is a reporting rule: above $100,000 in a year from related nonresident individuals, Form 3520 is due with your return. Remittances funded from a bank account or card are exempt from the 1% U.S. remittance excise tax that took effect January 1, 2026; cash-funded transfers are not.
Selling a flat or land abroad
The buyer in India withholds tax under section 195 at a higher rate than a resident seller would face; your Indian CA handles the lower-deduction certificate, Form 15CA/15CB, and repatriation under FEMA. On the U.S. side we compute the gain in dollars using historical exchange rates for both basis and sale, apply the foreign tax credit, and reconcile the two returns. There is no indexation in the U.S. computation, and Indian reinvestment relief under section 54 does not carry over.
EPF, PPF, NPS, and other foreign retirement accounts
These are exempt or deferred at home and have no clean U.S. counterpart. PPF interest is taxable in the U.S. each year even though India exempts it. The U.S. treatment of EPF employer contributions and growth is unsettled, and positions range from annual inclusion to a treaty-based deferral; we document the position taken and report the accounts consistently on the FBAR and Form 8938.
Foreign stocks, ESOPs, and RSUs from a prior employer
Shares in a company back home that vest or are sold while you are a U.S. resident are U.S.-taxable, with the foreign tax creditable. Holding periods, the treaty rate on dividends, and the paperwork the foreign company needs to withhold at treaty rates (a Form 10F and tax residency certificate in India) all have to line up with the U.S. return.
The first year on a visa, and dual-status years
The substantial presence test counts 31 days in the current year and 183 weighted days over three years (this year, one-third of last year, one-sixth of the year before), with exempt days for students and certain others. We work out whether you file as a resident, a nonresident, or dual-status, whether the first-year choice or a joint-return election with a nonresident spouse makes sense, and the ITIN applications that go with it.
Returning home after years in the U.S.
Your Indian CA handles RNOR status and the India-side transition; we handle the U.S. side: the dual-status final year, state residency termination, what happens to a 401(k) or IRA under the treaty's pension article, the 30% withholding and Form 1040-NR in later years, and Form 8854 if you held a green card for 8 of the last 15 years. Timing the move across a year end often changes the result. There is no U.S.–India totalization agreement, so FICA paid here earns no Indian EPF credit, and U.S. Social Security generally needs 40 credits before anything is payable.
A U.S. citizen working in India
You file a U.S. return every year even if every rupee was earned and taxed in India. Two tools stop double taxation: the foreign earned income exclusion on Form 2555, which removes salary up to an inflation-adjusted cap, and the foreign tax credit on Form 1116, which credits Indian tax paid. Because Indian rates are high, the credit alone often eliminates U.S. tax and keeps you eligible for IRA contributions and the refundable child tax credit, which the exclusion blocks. Form 8938 thresholds are higher abroad, the return is due June 15, and EPF needs a documented position. If you have not filed for years, the Streamlined Foreign Offshore Procedures carry no penalty.
An Indian-owned U.S. LLC or corporation
An Indian founder, family, or company that owns 25% or more of a U.S. entity reports every transaction with that owner on Form 5472, and a single-member LLC owned from India files it with a pro forma Form 1120 even though the LLC itself pays no U.S. income tax. Capital you put in and loans you make count as reportable transactions. The penalty is $25,000 per form, and the owner may also have a Form 1040-NR filing if the business produces U.S.-source income.
A U.S. business with a team or subsidiary in India
Paying a development team in India means collecting a Form W-8BEN or W-8BEN-E from each contractor; work done entirely in India is foreign-source and not withheld on. Owning the Indian entity means Form 5471 every year, an intercompany agreement with a cost-plus markup that holds up under section 482, and bookkeeping entries that match it. Dividends, interest, or royalties paid to foreign owners go on Form 1042-S at the treaty rate.
A stake in a family company overseas
A director or shareholder of a private limited company abroad usually owes Form 5471 every year, and attribution rules can pull in a spouse's shares. For tax years beginning after 2025, GILTI has been renamed net CFC tested income and recomputed; for a small cost-plus or family trading company the inclusion is often modest, but the form is not optional.
Scope
The U.S. side, done here. The home-country side, coordinated.
What we do
- U.S. federal and state returns with the foreign income, credits, and treaty positions built in
- FBAR, Form 8938, Form 8621, Form 3520, Forms 5471/8865/8858, Form 8854
- Residency analysis: substantial presence, dual-status, first-year choice, ITINs
- Americans abroad: Form 2555 or the foreign tax credit, June 15 filing, Form 8938 at the overseas thresholds, state residency exit
- Businesses: Form 5472 and pro forma 1120 for foreign-owned U.S. entities, Forms 5471/8865/8858 for foreign entities, W-8 collection, Form 1042/1042-S, U.S.-side transfer pricing
- Streamlined and delinquent procedures for missed years, led by an Enrolled Agent
- Coordination with your accountant abroad on exchange rates, timing, and consistent positions
What we do not do
- Returns in the other country (your Indian ITR, UK self-assessment, or Canadian T1)
- Home-country compliance such as GST, TDS, Form 15CA/15CB, FEMA, or RBI filings
- Immigration advice; we coordinate with your immigration attorney on residency timing
- Investment decisions about what to hold or sell; we model and report the tax effect
If you do not yet have an accountant in the other country, we can introduce one and we work from the documents you already hold in the meantime.
Process
How a cross-border engagement runs
Four steps, one fixed quote, and no form filed without your sign-off.
- 1
Short review of your cross-border picture
A 30-minute call to map the accounts, assets, income sources, entities, and moves across borders, for this year and any prior years that were never reported. You leave knowing which U.S. forms apply and which do not.
- 2
Written quote before any work starts
A written proposal the next business day listing each form and each year, with one fixed fee for the engagement. Forms filed with your return are quoted with the return; standalone work such as FBARs or a catch-up package is quoted on its own. Quoted work is billed 50% when the engagement agreement and statement of work are signed and 50% on completion, and if the work grows (another year, another account, another entity) the additional fee is quoted by email or on a later invoice before it is billed. Catch-up years are scoped as a separate project so the current year is never held up by the past.
- 3
Coordinate with your accountant abroad
We agree exchange rates, income categorization, and treaty positions with your CA or local accountant so the two returns tell the same story. If you do not have one, we work from the home-country documents you already hold.
- 4
Prepare, review, file, and calendar
Returns are prepared by the cross-border team, every return is reviewed by Aparna Devalla, a licensed CPA, and nothing is filed without your sign-off. We then calendar FBAR, estimated-tax, and information-return deadlines for next year.
Who does the work
Both sides of the border, understood by the same people
Most firms know one tax system well. Cross-border work goes wrong in the gap between two. Four partners cover it here.
Girija Srinivasan, CA
Leads cross-border tax
Chartered Accountant (Institute of Chartered Accountants of India) and Grad CWA with 15+ years in senior finance leadership. Girija runs the U.S.–India engagements end to end: residency, foreign accounts and funds, treaty positions, and the coordination with your CA.
Full bioNirmala Murugesan, CA, CPA
Entities and accounting across borders
Chartered Accountant and U.S. CPA with 20+ years across U.S. GAAP, IFRS, and cross-border entity accounting. Nirmala handles the foreign-entity side: Forms 5471, 8865, and 8858, and the books behind them.
Full bioNitasha Ahuja, EA
Missed years and IRS notices
Enrolled Agent with an MSL in Taxation from Georgetown Law and 15+ years inside the IRS. Nitasha leads streamlined and delinquent filings, penalty relief on late Forms 3520 and 5471, and any IRS notice that touches a foreign asset.
Full bioAparna Devalla, CPA
Reviews every return
Licensed CPA and partner for tax and accounting. Aparna reviews every return before it is filed, so the cross-border positions sit inside a complete, defensible federal and state filing.
Full bioWhat you can count on
Three commitments, written down.
CPA-reviewed accuracy guarantee
If a return prepared by Rubric Financial triggers a math-error notice, we fix it and pay the resulting IRS penalty, subject to your engagement letter's terms. CPA review on every filing.
One-business-day response
Your partner replies within one business day, and there's no per-question fee. Year-round access, not just tax season.
Frequently Asked
Questions about cross-border tax
- Do you only work with clients who have ties to India?
- The forms on this page apply to anyone who is a U.S. tax resident with accounts, investments, property, or family abroad, whichever country is involved. Today the practice serves the U.S.–India corridor: two partners are Chartered Accountants qualified with the Institute of Chartered Accountants of India, so NRE and NRO accounts, Indian mutual funds, the India-U.S. treaty, and a return to India are handled from direct experience. If your ties are to another country, ask us. The U.S. forms are the same, and we will tell you plainly whether we can take it on.
- Do I need to file an FBAR for my NRE account?
- If you are a U.S. person (a citizen, green card holder, or someone who meets the substantial presence test) and the combined value of all your foreign accounts was more than $10,000 at any point in the year, yes. NRE, NRO, and FCNR accounts all count, and PPF, EPF, demat, and brokerage accounts often do too. The test is aggregate, so three accounts at $4,000 each trigger it. NRE interest is tax-free in India, but a U.S. resident still reports it as income. The FBAR is due April 15 with an automatic extension to October 15.
- Are Indian mutual funds PFICs?
- Generally, yes. Indian mutual funds are foreign corporations that hold mostly passive assets, which makes them passive foreign investment companies for U.S. shareholders, and some ULIPs raise the same question. Under the default rules, gains and large distributions are taxed as ordinary income spread over your holding period with an interest charge, and each fund is reported on Form 8621. A small-holdings exception applies when total PFIC value is $25,000 or less ($50,000 joint) and nothing was sold or distributed. We work out and report the treatment; whether to keep or sell a fund is your decision.
- My parents are sending me money from abroad. Is it taxable?
- A gift from a nonresident parent is not taxable income to you, and the U.S. does not impose gift tax on the person receiving it. If the total you receive from nonresident relatives in a year exceeds $100,000, you report it on Form 3520 with your return. The penalty for a late Form 3520 is 5% of the gift per month, up to 25%, so the filing matters even though no tax is due. Transfers funded from a bank account are also exempt from the 1% U.S. remittance excise tax that began January 1, 2026.
- I sold property in India. What does the U.S. return look like?
- The U.S. taxes your worldwide gain. We convert your purchase price and sale price to dollars at the exchange rates on those dates, which means part of the result is currency movement, not just property appreciation. There is no indexation in the U.S. computation and the Indian reinvestment relief under section 54 does not carry over. The Indian tax withheld under section 195 or paid with your Indian return is credited on Form 1116. Your Indian CA handles the lower-deduction certificate, Form 15CA/15CB, and repatriation; we handle the U.S. side and reconcile the two.
- I never filed FBARs. What are my options?
- It depends on whether income was also left off your U.S. returns and whether the miss was non-willful. If all the income was reported and you are not under examination, the delinquent FBAR submission procedure lets you file the late FBARs with an explanation and no penalty. If income was unreported, the Streamlined Domestic Offshore Procedures are usually the path: three years of amended returns, six years of FBARs, and a 5% penalty on the highest aggregate balance. The U.S. Supreme Court held in Bittner (2023) that the non-willful FBAR penalty applies per report, not per account. Nitasha Ahuja, EA, who spent 15+ years at the IRS, leads these filings.
- Do you file my Indian tax return, or returns in other countries?
- No. We handle U.S. federal and state compliance only. Your Indian Chartered Accountant, or your accountant in the other country, files the home-country return and handles items like GST, TDS, Form 15CA/15CB, FEMA, and RBI reporting. We work directly with that person so both returns use the same income figures, the same exchange rates, and consistent treaty positions.
- How does the substantial presence test work if I arrived on an H-1B this year?
- You are a U.S. tax resident for the year if you were present at least 31 days this year and at least 183 weighted days over three years: all days this year, one-third of last year's days, and one-sixth of the days in the year before that. Days on F or J student status are exempt for a period and do not count. If you arrived mid-year you are usually dual-status, filing as a nonresident for the first part of the year and a resident after, with the option of a first-year choice or a joint-return election with a nonresident spouse. We model both and file the one that produces the right result.
- I am moving back to India. What should I sort out on the U.S. side?
- Your final-year return is usually dual-status, and the date you give up residency matters, so timing across a year end can change the outcome. State residency has to be terminated cleanly, especially in California. A 401(k) or IRA stays U.S.-taxable; the India-U.S. treaty's pension article and your residency year determine the U.S. result and later 30% withholding and Form 1040-NR filings. If you held a green card for 8 of the last 15 years, Form 8854 and the expatriation rules apply. There is no U.S.–India totalization agreement, so Social Security tax paid in the U.S. earns no credit in India and U.S. benefits generally require 40 credits, about ten years of work. Your Indian CA handles RNOR status and the India-side transition.
- I am a U.S. citizen living in India. Do I still have to file a U.S. return?
- Yes, every year, on worldwide income, and so does a green card holder until the card is formally surrendered. Two tools keep you from paying twice: the foreign earned income exclusion on Form 2555, which removes salary up to an inflation-adjusted cap (about $130,000 for 2025), and the foreign tax credit on Form 1116 for Indian tax paid. Because Indian rates are high, the credit often eliminates U.S. tax on its own and keeps you eligible for IRA contributions and the refundable child tax credit, which the exclusion blocks. You get an automatic extension to June 15, Form 8938 thresholds are higher abroad, and FBAR still applies to your Indian accounts. If you have not filed for years, the Streamlined Foreign Offshore Procedures carry no penalty.
- Do you work with businesses as well as individuals?
- Yes. On the inbound side, a U.S. LLC or corporation that is 25% or more owned by an Indian individual or company files Form 5472 every year, with a pro forma Form 1120 if it is a single-member LLC, and we handle the state registrations and the owner's U.S. filing if there is U.S.-source income. On the outbound side, a U.S. small business with a subsidiary, branch, or contractors in India needs Forms 5471, 8865, or 8858, W-8BEN collection, Form 1042 withholding where U.S.-source payments go abroad, and U.S.-side transfer pricing for the intercompany charge. The books, the U.S. return, and the cross-border forms are one engagement. Venture-backed startups with a Delaware parent and an Indian subsidiary are served by our sister practice, StartupCFO.AI.
- My company in India owns a U.S. LLC. What does the LLC have to file?
- A single-member U.S. LLC owned by a foreign company or individual is disregarded for income tax but is treated as a corporation for reporting, so it files Form 5472 attached to a pro forma Form 1120 every year, listing every transaction with the owner and related parties, including the capital you contributed and any loans. The penalty for missing it is $25,000 per form. The LLC also needs an EIN and its state filings, and if it earns U.S.-source income the owner may have a Form 1040-NR or Form 1120-F obligation; treaty positions are disclosed on Form 8833. We prepare the U.S. side and coordinate with your Indian CA on the India-side treatment of the U.S. entity.
- I am a shareholder in my family's private limited company abroad. Do I need to file anything?
- Very likely Form 5471, every year, even if the company paid you nothing. The category of filer depends on your ownership percentage and whether the company is a controlled foreign corporation, and attribution rules can pull in a spouse's or parent's shares. The penalty is $10,000 per form per year and the statute of limitations on your whole return stays open until it is filed. Where the entity is a partnership or a disregarded entity, Form 8865 or 8858 applies instead.
- Who actually does the work, and how is it priced?
- Cross-border tax at Rubric Financial is led by Girija Srinivasan, CA, with Nirmala Murugesan, CA, CPA on entity and accounting questions, Nitasha Ahuja, EA on missed years and IRS notices, and Aparna Devalla, CPA reviewing every return. There are no published prices: forms filed with your return are quoted with the return, and FBARs, catch-up packages, and other standalone work are quoted after a short call, with each form and year listed. Quoted work is billed 50% when the engagement agreement and statement of work are signed and 50% on completion; if the work items change, the additional fee is quoted by email or on a subsequent invoice.
- Do you handle the business side, such as a U.S. company with a subsidiary abroad?
- Yes. A U.S. company that owns a foreign subsidiary files Form 5471 with its corporate return every year, needs U.S.-side support for intercompany pricing, and may have Form 5472 or Form 1042 obligations. For venture-backed startups with a Delaware parent and an Indian subsidiary, our sister practice StartupCFO.AI runs the same work alongside the company's bookkeeping and CFO support.
Glossary
Common cross-border tax terms
Plain-English definitions for the forms, tests, and treaty concepts that come up in every cross-border engagement.
FBAR (FinCEN Form 114)
The annual report a U.S. person files with FinCEN when their foreign financial accounts together exceeded $10,000 at any point in the year. Filed separately from the tax return, with penalties that apply even when no tax is owed.
Form 8938 (FATCA Foreign Assets Statement)
The IRS form attached to Form 1040 when specified foreign financial assets exceed FATCA thresholds, starting at $50,000 at year end or $75,000 at any time for a single filer living in the U.S.
PFIC (Passive Foreign Investment Company)
A foreign corporation whose income or assets are mostly passive, which includes almost every foreign mutual fund and ETF. U.S. holders face a punitive default tax regime and file Form 8621 for each fund.
Form 3520 (Foreign Gifts and Foreign Trusts)
The information return a U.S. person files after receiving more than $100,000 in a year in gifts or bequests from nonresident individuals or foreign estates, or any distribution from a foreign trust. No tax is due with it; the late penalty is 5% of the gift per month, up to 25%.
Foreign Tax Credit (Form 1116)
A dollar-for-dollar credit against U.S. tax for income tax paid to another country on the same income, claimed on Form 1116 and limited to the U.S. tax attributable to that foreign income, basket by basket.
Income Tax Treaty (DTAA)
A bilateral agreement, called a Double Taxation Avoidance Agreement in India, that allocates taxing rights between two countries, caps withholding rates, resolves dual residency, and sets out how each country credits the other's tax.
Substantial Presence Test
The day-count test that makes a non-citizen a U.S. tax resident: at least 31 days in the current year and at least 183 weighted days over three years, counting all of this year's days, one-third of last year's, and one-sixth of the year before.
Streamlined Filing Compliance Procedures
The IRS program for fixing non-willful failures to report foreign income and foreign accounts: three years of amended returns, six years of FBARs, a signed non-willful certification, and a 5% penalty for U.S. residents (none for qualifying nonresidents).
RNOR (Resident but Not Ordinarily Resident)
An Indian tax residency status, available for up to three years after returning to India, under which foreign-source income stays outside Indian tax. An India-side concept that shapes the timing of the U.S. departure-year return.
NRE and NRO Accounts
The two rupee account types Indian banks offer to nonresidents: NRE for money brought in from abroad (interest exempt in India, freely repatriable) and NRO for income earned in India (interest taxed at source, repatriation capped). Both are reportable foreign accounts for a U.S. resident.
Foreign Earned Income Exclusion (Form 2555, FEIE)
The election that lets a U.S. citizen or green card holder living abroad exclude earned income up to an inflation-adjusted cap (about $130,000 for 2025) from U.S. tax, claimed on Form 2555 under the bona fide residence or physical presence test.
Form 5472 (Foreign-Owned U.S. Entity Information Return)
The annual information return a U.S. corporation, or a U.S. single-member LLC, files when it is 25% or more owned by a foreign person or company and had transactions with that owner or a related party. Penalty: $25,000 per form per year.
Cross-border guides
Section 174 (R&D Expensing)
The tax treatment of R&D costs: domestic R&D is immediately deductible again under §174A (OBBBA); foreign R&D is still amortized over 15 years.
GlossaryFBAR (FinCEN Form 114)
The annual report a U.S. person files with FinCEN when their foreign financial accounts together exceeded $10,000 at any point in the year. Filed separately from the tax return, with penalties that apply even when no tax is owed.
GlossaryForm 8938 (FATCA Foreign Assets Statement)
The IRS form attached to Form 1040 when specified foreign financial assets exceed FATCA thresholds, starting at $50,000 at year end or $75,000 at any time for a single filer living in the U.S.
GlossaryPFIC (Passive Foreign Investment Company)
A foreign corporation whose income or assets are mostly passive, which includes almost every foreign mutual fund and ETF. U.S. holders face a punitive default tax regime and file Form 8621 for each fund.
GuideFBAR and Form 8938: Foreign Account Reporting Walkthrough
FBAR (FinCEN 114) and Form 8938 (FATCA) report foreign financial accounts to the U.S. government. Different thresholds, different penalties, both essential.
GuidePFIC Rules on Indian Mutual Funds: Why They Hurt
Indian mutual funds, ULIPs, and many Indian investment products are PFICs under U.S. tax law, and PFIC tax is brutally punitive. Here's what to do.
Related services
Personal and business tax
The cross-border forms sit inside a complete federal and state return.
IRS representation
A notice about a foreign asset, a penalty on a late Form 3520 or 5471, or an audit.
Startups with a subsidiary abroad
Delaware parent, Indian subsidiary: StartupCFO.AI runs the company side.
Not sure which forms you owe?
Bring your account list and the year you arrived to a 30-minute call. You will leave knowing which U.S. filings apply, whether any prior year needs fixing, and what the fixed fee is.