SDOP sanity check — NZ citizen with US green card, about to pull the trigger
Hey all, I have been working on preparing a Streamlined Domestic Offshore Procedures (SDOP) submission and I'm about to pull the trigger. Would love a sanity check from anyone who's been through this or advises on it.
NZ citizen, was living and working in Canada for a few years before getting a US green card in late 2021 and moving to the US. W-2 employee since Jan 2022, filed all my US returns on time using FreeTaxUSA. I had no idea about FBARs, PFIC reporting, or foreign trust reporting until recently. I self-prepared everything — no CPA involved. I did answer "Yes" to the Schedule B foreign account questions on all my returns, so I wasn't hiding anything — I just didn't understand the additional obligations.
I have a mix of NZ and Canadian accounts — a NZ retirement account (similar to a 401k), a couple of NZ bank accounts, some Canadian brokerage/savings accounts that were mostly wound down in 2022, a small crypto account, and a multi-currency transfer account. Peak aggregate balance around ~$60K USD across all accounts (2021 year-end), declining in later years as the Canadian accounts closed.
I'm filing my 2025 return on time by April 15 (no extension) to push the SDOP 3-year amendment window to 2023–2025. This means 2022 and earlier fall outside the window, so I only need to amend 2023 and 2024. If I'd filed an extension, the window would shift back to 2022–2024 and I'd need an extra amended return. 2021 is especially important to exclude — that's when I had the highest Canadian account balances before winding them down, and I only had the green card for about 2 months with no US wages.
This was the most complex part. The NZ retirement scheme is classified as both a PFIC and a foreign trust under US tax law. For each year I'm reporting it with three forms:
- Form 8621 — PFIC reporting with a Section 1296 mark-to-market election. Reporting the annual unrealized gain as ordinary income (roughly $400–$1,400/year depending on fund performance and exchange rates).
- Form 3520 — Foreign trust ownership reporting.
- Form 3520-A (substitute) — Since the NZ fund doesn't file US trust returns, I prepare a substitute with balance sheet, income statement, and a grantor trust owner statement citing IRC §§ 671–679 and §1296.
These three forms go with each amended return (2023 and 2024) and also with my original 2025 return (mailed separately since I'm e-filing the 1040).
What I've prepared:
- 2025 Form 1040 ready to e-file with all foreign income included (retirement fund MTM, foreign bank interest, crypto staking rewards)
- 2025 Forms 8621, 3520, 3520-A ready to mail separately
- 2023 and 2024 amended returns (1040-X) adding retirement fund MTM income, foreign bank interest, and foreign tax credits
- 2023 and 2024 Forms 8621, 3520, 3520-A to attach to each amendment
- 5 delinquent FBARs (2021–2025) ready to e-file on BSA E-Filing with "Streamlined Filing Compliance Procedures" as the reason
- Form 14654 with a non-willful narrative explaining I'm a recent immigrant who self-filed, didn't know about PFIC/trust/FBAR obligations, and had no intent to evade
- SDOP penalty calculated at ~$3,000 (5% of highest year-end aggregate)
Total cost:
- SDOP penalty: ~$3,000
- Additional tax on amended returns: ~$500
- Interest: TBD (letting IRS calculate)
- All-in: ~$3,500–$4,000
Does this plan seem sound? Anything I'm missing or any red flags? I'm about to e-file the 2025 return this week and submit the SDOP package to Austin in May. Did this entirely without a CPA. Feeling fairly confident but would appreciate any gut checks before I commit.
Thanks in advance.