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Old 01.09.2012, 18:02
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Re: 2nd Pillar Reporting: 8938 OR FBAR?

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8938 would be the correct form now.

FBAR pre 2011.

Like many things with US tax and addition reporting obligations, the Pillar 2 reporting on FBAR is/was a grey area. Many opinions but in general it was deemed sensible to do so.

I wouldn't amend or worry in basis you have reported the income, as no penalties can be applied in this instance.
I called the IRS twice regarding 2nd pillar reporting requirements in FBAR and recorded both phone conversations.

1st phone call - I explained the nature of the 2nd pillar, a government-mandated company pension plan in which I have no control or influence over the inflow or outflow of cash as I still live in Switzerland, have always been gainfully employed, am not retired and have no plans to purchase property. The response I got : "If you don't control it, you don't report it in FBAR".

2nd phone call a few months later - She hung up after my question.
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