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Old 31.05.2009, 15:46
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Should 2nd Pillar accounts be reported on form TD F 90-22.1 ?

US citizens often have to file form TD F 90-22.1 (Report of Foreign Bank and Financial Accounts) every year with the Dept. of the Treasury. Clearly this includes bank + brokerage account(s) held in Switzerland, but does a 2nd Pillar retirement account need to be reported on this form?

This post makes me think the answer is yes, since I think 2nd Pillar accounts are "owned and controlled by the account holder", not by the employer or the government.

Is this right?
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Old 31.05.2009, 15:49
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Re: Should 2nd Pillar accounts be reported on form TD F 90-22.1 ?

I have, in my 25 years in Europe, never sent such a form.

If you want to offer your bank account information, then that is (IMO)
up to you
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Old 31.05.2009, 16:51
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Re: Should 2nd Pillar accounts be reported on form TD F 90-22.1 ?

Without distracting from the question re. 2nd Pillar, I recommend US citizens who may not be fully aware of recent changes to take a look at the 2008 document IR-2008-79, which outlines penalties that can result from not filing the FBAR. Quote: "Civil penalties for a non-willful violation can range up to $10,000 per violation. Civil penalties for a willful violation can range up to the greater of $100,000 or 50 percent of the amount in the account at the time of the violation. Criminal penalties for violating the FBAR requirements while also violating certain other laws can range up to a $500,000 fine or 10 years imprisonment or both. Civil and criminal penalties may be imposed together."

The point that lacks clarity in the instructions, though, is whether 2nd Pillar retirement accounts fall under the reporting requirements or not. Any informed opinions on this?
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Old 08.07.2009, 08:15
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Re: Should 2nd Pillar accounts be reported on form TD F 90-22.1 ?

Actually I get the opposite impression from that post...http://taxes.about.com/od/preparingy...a/TDF90221.htm

Isn't the 2nd pillar controlled by the Swiss government and your employer? You do not control it; hence perhaps not required to file on the TD F 90-22.1.

It would be good to have a clear view of that from a US/Swiss tax professional.
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Old 08.07.2009, 19:09
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Re: Should 2nd Pillar accounts be reported on form TD F 90-22.1 ?

My tax advisor said I should include it.

I am not sure about the interpretation ... if you leave Switzerland, you can take the 2nd Pillar with you (after paying taxes on it), so maybe that makes it "under your control"? I think these 2nd Pillars are not run by the government or the employer, they are essentially private.
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