Barking Crab Near Tustin

income tax return: fill out line 108 "business abroad?

The forms for income tax for 2009 includes the cover sheet following question (line 108):

? Talk to sustainable business relationships with financial institutions abroad Yes / No "

How should this question be answered?

There is no case law on this issue. My View, the question inadmissible for the following reasons: first

With the proper filling of forms and OFF CAPE fulfilled his civil duty to cooperate.

second The broad wording of the question in line 108 is not the wording of the provision of § 90 para 2 clause covered 3 AO. AO § 90 governs the participation requirement explicitly only for so-called tax havens. According to Ministry of Finance at the moment there is no so-called tax havens for the purposes of this standard, because this would be published in a list of the BMF. This list is empty at the time, according to BMF.

third § 90 para 2 clause 3 AO shall not apply until 2010 and therefore can not be applied relate to the past for 2009.


Recommendation:

Therefore, the question - if the plants have been completed and KAP OFF - I think neither yea nor nay be answered. Crosses as a dutiful citizen the "yes" when he as a credit card has a foreign financial company, he alone therefore - into the "test screen" of the tax office and must answer inquiries - unjustified. Apart from a credit card should not "sustainable" business reasons as defined by § 90 paragraph 2 sentence 3 AO.