top of page

Navigating the Implications of Rev. Proc. 2023-36 for U.S. Taxpayers with Foreign Accounts

global tax compliance, with flags, financial icons, and legal symbols.


The IRS's issuance of Rev. Proc. 2023-36 has significant implications for U.S. taxpayers holding foreign financial accounts, particularly in Ecuador, Argentina, and Kazakhstan. This new procedure expands the network of countries with which the U.S. has information exchange agreements, impacting compliance and reporting requirements under FBAR and FATCA. In this blog, we explore what this means for taxpayers with financial interests in these countries.

Rev. Proc. 2023-36: A Brief Overview

Rev. Proc. 2023-36 adds Ecuador to the list of countries with an effective information exchange agreement with the U.S. and introduces Argentina and Kazakhstan as jurisdictions where it's appropriate to have an automatic exchange relationship. This move signifies a step towards greater international tax cooperation and transparency.

FBAR and FATCA: Understanding the Basics

Before analyzing the impact of Rev. Proc. 2023-36, let's revisit the FBAR (FinCEN Form 114) and FATCA (Foreign Account Tax Compliance Act) requirements. FBAR mandates reporting of foreign financial accounts exceeding $10,000 at any time during the calendar year, while FATCA requires certain U.S. taxpayers to report specified foreign financial assets.

The Expanded Scope: Ecuador, Argentina, and Kazakhstan

The inclusion of Ecuador, Argentina, and Kazakhstan in Rev. Proc. 2023-36 increases the IRS's ability to access information about U.S. taxpayers' financial accounts in these jurisdictions. This development poses a heightened risk for those who have not been compliant with FBAR and FATCA reporting requirements. The expanded information exchange could lead to the discovery of previously unreported foreign financial accounts.

The Consequences of Non-Compliance

For U.S. taxpayers with unreported accounts in these countries, non-compliance risks are now more pronounced. Failure to file FBAR can result in significant financial penalties, and non-compliance with FATCA can lead to substantial fines and, in severe cases, criminal prosecution. The increased information-sharing capabilities make it more likely for the IRS to identify non-compliant taxpayers.

Proactive Steps for Compliance

Taxpayers with financial interests in Ecuador, Argentina, and Kazakhstan should take immediate steps to ensure compliance. This might involve filing delinquent FBAR and FATCA forms or participating in the IRS's voluntary disclosure programs to rectify past non-compliance. Seeking guidance from a tax professional is advisable to navigate these complexities effectively.


The enactment of Rev. Proc. 2023-36 clearly indicates the IRS's commitment to global tax compliance and transparency. For U.S. taxpayers with financial ties to Ecuador, Argentina, and Kazakhstan, this development emphasizes the importance of adherence to FBAR and FATCA regulations. As the world of international finance continues to evolve, staying informed and compliant is more crucial than ever.


This blog post is for informational purposes only and does not constitute legal or tax advice. For personalized advice, please book your appointment on our appointment page.

bottom of page