Why Dual-Jurisdiction Matters

The United States is one of only two countries in the world (the other is Eritrea) that taxes its citizens on worldwide income, regardless of where they live. If you're an American living in Israel, or an American with Israeli assets, you owe full US tax compliance — even if you've never set foot in the US in years.

This creates a unique challenge: you must report income, assets, and transactions in two completely different tax systems, each with different rules, definitions, and forms. A mistake on either side can result in penalties of $10,000 to $500,000+ per violation, plus criminal exposure in extreme cases.

This is where we come in. Our firm specializes in the Israeli side of dual-jurisdiction compliance, working in lockstep with US-licensed CPAs to ensure nothing falls between the cracks.

FBAR — FinCEN Form 114

FBAR is the most common US filing for Americans in Israel — and the most commonly missed.

Who must file

  • Any US person (citizen, green card holder, or resident) with foreign financial accounts
  • If the aggregate value of all foreign accounts exceeds $10,000 at any time during the year
  • Even if the funds were in the account for one day

What counts as a "foreign financial account"

  • Israeli bank accounts (Bank Hapoalim, Leumi, Mizrahi, etc.)
  • Brokerage accounts (Bank Leumi Le-Israel B.M., Excellence, etc.)
  • Kupot Gemel (provident funds)
  • Keren Hishtalmut (study funds)
  • Bituach Mirgash (life insurance with cash value)
  • Pension funds with control or signature authority
  • Cryptocurrency exchanges held abroad

Penalties for non-filing

TypePenalty
Non-willful failure to fileUp to $10,000 per violation per year
Willful failure to fileGreater of $100,000 or 50% of account balance
Criminal (extreme cases)Up to $500,000 + 10 years imprisonment

The penalties stack year after year. Many US persons in Israel discover they've been non-compliant for 5-10 years, facing potentially crushing penalties. Our Streamlined Filing service (below) is the path back to compliance.

FATCA — Form 8938

While FBAR is filed with the Treasury Department, FATCA's Form 8938 is filed with the IRS as part of your tax return. Both report foreign assets, but with different rules.

Filing thresholds

Filing StatusLiving in USLiving Abroad
Single$50,000 (year-end) or $75,000 (any time)$200,000 / $300,000
Married Joint$100,000 / $150,000$400,000 / $600,000
Married Separate$50,000 / $75,000$200,000 / $300,000

What counts

FATCA covers a broader range of assets than FBAR — including direct ownership of foreign stock, partnership interests, trusts, retirement accounts, and more. It does NOT cover:

  • Direct ownership of foreign real estate (not financial)
  • Tangible personal property (jewelry, art)
  • Foreign currency held in a US bank

GILTI & Subpart F — Tax Reform's Surprise

GILTI (Global Intangible Low-Taxed Income) was introduced by the 2017 Tax Cuts and Jobs Act and has been one of the most disruptive provisions for Americans with Israeli companies.

How it works

If you own more than 10% of an Israeli company (a "Controlled Foreign Corporation" or CFC), the IRS requires you to include most of the company's annual earnings in your US taxable income — even if you never receive a dividend. The Israeli company's earnings flow through to your personal US 1040 each year.

The math (simplified)

  • Your Israeli company earns ₪1,000,000 (~$280,000) in 2025
  • After Israeli company tax (23%): ~₪770,000 / $215,000 retained
  • Without planning: GILTI inclusion adds $215,000 to your US taxable income
  • Top US bracket (37%): additional US tax of ~$80,000
  • Net effective rate: 23% (Israel) + 28% (US) ≈ 51% combined

Mitigation strategies we use

  • Section 962 election — pay GILTI at corporate rate (21%) with foreign tax credit
  • GILTI High-Tax Exception (HTE) — exempt earnings taxed above 18.9% in Israel
  • Restructuring as US LLC — eliminate the CFC entirely (where appropriate)
  • Distribution planning — control timing of dividends for treaty benefits
  • Section 245A DRD — qualifying dividend received deduction

Without the right structure, GILTI can effectively double your tax bill. With it, you can reduce or eliminate the US side entirely.

Form 5471 — Israeli Company Reporting

Form 5471 is the IRS information return for US persons who own (or have controlling interest in) foreign corporations. It's extraordinarily complex — even the IRS estimates 60-90 hours per filing.

Categories of filers:

  • Category 1 — Officers and directors of certain CFCs
  • Category 2 — US persons who acquire stock in a foreign corporation
  • Category 3 — Officers and directors with certain transactions
  • Category 4 — Control of a foreign corporation (>50%)
  • Category 5 — US shareholders of CFCs (most common)

Each category has different schedules and disclosures. Penalty for non-filing: $10,000 per form per year, plus a 10% reduction in foreign tax credits.

PFIC — The Hidden Trap

If there's one tax issue that catches Americans in Israel by surprise, it's PFIC.

A Passive Foreign Investment Company (PFIC) is any foreign corporation where 75%+ of income is passive, or 50%+ of assets are passive. Most Israeli mutual funds, ETFs, and even some pension products are PFICs.

Why PFICs are punishing

  • Default tax treatment ("Excess Distribution") taxes gains at the highest historical bracket
  • Plus interest charges going back to year of purchase
  • Effective rates can reach 60-70% on gains
  • Form 8621 required for each PFIC each year

The fix

We help you:

  • Identify PFIC exposure in your Israeli portfolio
  • Make timely QEF (Qualified Electing Fund) elections where possible
  • Use Mark-to-Market (Section 1296) elections for marketable securities
  • Restructure portfolios to eliminate or minimize PFIC holdings

Streamlined Filing — For Late Filers

Many of our clients come to us because they only just learned about FBAR/FATCA, sometimes after years or decades in Israel. Don't panic — the IRS has a path back.

The Streamlined Foreign Offshore Procedures allow non-willful late filers to:

  • File 6 years of FBARs
  • Amend 3 years of US tax returns
  • Pay back taxes + interest (typically modest amounts)
  • No FBAR penalties for non-willful failure

This program has helped thousands of Americans in Israel come back into compliance with minimal financial pain. We've handled dozens of these cases.

Process

How We Work

Initial Assessment

30-min Zoom call to map your situation. Israeli accounts, US filings status, structure, exposure. No charge.

Engagement

Clear scope, fixed-fee engagement letter, secure document portal. Power of Attorney for Israeli authorities (Yipui Koach).

Coordinated Filing

We handle Israeli filings & data prep. Coordinate with your US CPA (or a partner firm). All forms reviewed twice.

Ongoing Support

Annual filing reminders, proactive planning calls, monitoring of tax law changes. We're your Israeli CPA for life.

Ready to Get Compliant?

30-minute consultation, no obligation, completely confidential. We'll review your situation and tell you honestly what needs to be done.

FAQ

Frequently Asked Questions

What is FBAR and who must file it?
FBAR (FinCEN Form 114) is a US Treasury filing required of any US person — citizen, green card holder, or resident — with foreign financial accounts exceeding $10,000 in aggregate at any time during the year. Includes Israeli bank accounts, kupot gemel, keren hishtalmut, brokerage accounts. Deadline: April 15 (auto-extended to October 15).
What is the difference between FBAR and Form 8938?
FBAR is filed with the US Treasury (FinCEN), Form 8938 is filed with the IRS as part of your tax return. Both report foreign financial assets but with different thresholds. Most US persons with Israeli accounts must file both.
What is GILTI?
GILTI requires US shareholders of Controlled Foreign Corporations to include certain foreign earnings in US taxable income annually. For Americans with Israeli companies, this can create unexpected US tax liability. Mitigation strategies exist: Section 962, GILTI HTE, restructuring.
Why is PFIC dangerous for Americans with Israeli mutual funds?
Most Israeli mutual funds and ETFs are PFICs. US persons holding PFICs face complex Form 8621 reporting and tax rates that can effectively reach 60-70% on gains. We help identify PFIC exposure and use elections (QEF, mark-to-market) to mitigate the impact.
Are you also a US-licensed CPA?
Our firm is licensed as CPA in Israel. For US-licensed work, we partner with US CPAs and Enrolled Agents. This dual-firm approach ensures highest expertise on both sides. We coordinate seamlessly with your US CPA or refer you to a partner.
What if I haven't filed FBAR for years?
Don't panic. The Streamlined Foreign Offshore Procedures allow non-willful late filers to come back into compliance with minimal penalty (often zero FBAR penalties). We've handled dozens of these cases successfully.
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