Skip to main content

Topic · Germany

Streamlined filing from Germany: catching up on US taxes

The penalty-free route back for Americans in Germany who never filed — and why an ETF-Sparplan makes the catch-up bigger than the tax bill suggests.

By Danilson Ramos · Founder, Atamatax

Published August 2026 · Updated October 2026

Part of the Germany desk — every US tax topic for Germany in one place.

Start here

You don't need every document to take the first step.

One question to start, three more to sharpen it — answered here, with no email. Your answers carry into the eligibility screening rather than being asked again.

Free, no account, nothing you answer leaves this page. Open the full eligibility checker

When did you last file a U.S. tax return?

Four answers give a first read on the published gates; eligibility follows from your full facts. Non-willfulness is your own certification on Form 14653 — a statement only you can make.

Germany has a large, long-settled American population — Berlin, Munich, Frankfurt, and the university towns — and a steady stream of people who discover the U.S. filing obligation years after moving. Usually the prompt is a bank's FATCA request, a US-born child's passport application, or a conversation that starts "wait, you still have to file?"

The programme

The Streamlined Foreign Offshore Procedures let a qualifying U.S. person abroad file the most recent 3 years of delinquent or amended returns and the most recent 6 years of FBARs, with the offshore penalty at 0%. Both conditions must hold: non-willful conduct, and the non-residency test — no US abode and at least 330 full days outside the United States, in at least one of the last three years for which the return due date has passed.

You certify non-willfulness on Form 14653 under penalty of perjury. It is a legal judgement about your state of mind. Where there is real doubt, that belongs with a U.S. tax attorney rather than with software or a Steuerberater.

How much U.S. tax a German case usually produces

German income tax plus Solidaritätszuschlag, and Kirchensteuer where it applies, generally exceeds U.S. tax on the same employment income. The Foreign Tax Credit on Form 1116 credits qualifying German income tax against it, category by category. For a salaried American in Germany, U.S. tax on employment income across the catch-up years is frequently zero or near it.

Investment income is where it gets uneven. Abgeltungsteuer at 25% plus Soli is credited in the passive category, but Teilfreistellung reduces the German tax on equity funds, and Vorabpauschale puts German tax in years that may carry no matching U.S. income. Under §1291, PFIC income lands in years determined by the allocation rules rather than by when German tax was paid. Credits computed year by year can therefore go unused.

What makes the German case large

  • The Sparplan. A monthly ETF plan running for five years is a long list of purchase lots in a non-U.S. fund, each relevant to the §1291 allocation.
  • Multiple funds. One Form 8621 per PFIC per year, across every year in the window.
  • Six years of euro peaks. Each account's maximum balance, converted at each year's December 31 Treasury rate.
  • Pension layers. Statutory Rente, bAV, and any Riester or Rürup contract each need classifying before the treaty is reached.

What the submission contains

  1. the most recent 3 years of Forms 1040 with all required schedules and information returns
  2. the most recent 6 years of FinCEN 114 filings, submitted electronically to FinCEN
  3. Form 14653 certifying non-willfulness and non-residency, signed by you
  4. Payment of any tax and statutory interest due

Atamatax prepares the return side — Forms 1040 year by year, the Form 1116 credit for German tax, Form 8621 for each PFIC, and FBAR values with filing instructions. You write and sign Form 14653 in your own words, assemble the mailing from the package's instructions, and file.

Timing

No published deadline exists, but the programme closes once the IRS has contacted you about the years concerned. German institutions report U.S. account holders under the FATCA intergovernmental agreement, so the information is already moving.

Check whether Streamlined fits your facts

The free eligibility tool walks the residency and non-willfulness questions and returns a cautious indication of the fit; non-willfulness is your own certification.

Authorities cited

Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.

Atamatax provides tax preparation support and educational resources. This website does not constitute legal or tax advice.

Frequently asked questions

Can Americans in Germany use the Streamlined procedures?#
Living in Germany neither qualifies nor disqualifies you. The Streamlined Foreign Offshore Procedures require non-willful conduct and the non-residency test — no US abode and at least 330 full days outside the United States, in at least one of the last three years for which the return due date has passed. Many long-term U.S. residents of Germany meet both, but it turns on the facts.
Will I owe U.S. tax after catching up from Germany?#
On employment income, often little or nothing, because German income tax plus Soli generally exceeds U.S. tax on the same income and the Foreign Tax Credit offsets it. Investment income is less predictable: Teilfreistellung lowers the German tax available to credit, and the Vorabpauschale and §1291 put German tax and U.S. income in different years.
What happens to my ETF-Sparplan in a catch-up?#
If the funds are PFICs, each one generally needs its own Form 8621 for each year in the window, and the monthly purchase lots matter to the §1291 allocation. In a German Streamlined case this is usually the largest single component of the work, and it is worth scoping before starting.
Does my German Steuerbescheid help?#
Yes, practically — it is the cleanest evidence of German tax paid for the Form 1116 credit, year by year. It does not satisfy any U.S. filing obligation on its own.
Is there a deadline?#
There is no published deadline, but eligibility ends once the IRS contacts you about the years concerned. Germany reports U.S. account holders under the FATCA intergovernmental agreement, so waiting is not a neutral choice.

Related guides

Preparation · price before you start

If you want the missing years prepared

Which route fits depends on a few facts, not on the balances. These are the common situations and the route the same rules give each one. Nothing is charged until you generate a package or accept a written quote.

  1. Several years unfiled; wages, pensions and bank accounts, no non-US funds

    Streamlined Essential · $1,590 · Scoped by hand

    Wages, pensions or bank accounts with no non-US funds is the standard catch-up scope: three returns, six FBARs, and the certification package.

    What arrives, who prepares and checks it, and who files

    A Streamlined Foreign Offshore preparation package: up to three delinquent returns and six FBAR years as worksheets mapped to each year's official forms (official PDFs for the current filing year), a document completeness check, the Form 14653 organiser, and filing instructions — one scoped quote, one payment.

    A person at Atamatax prepares the three returns, the six FBAR years and the Form 14653 organiser from your documents, against the written scope, with the engine computing the figures. You write your own statement of facts.

    A person at Atamatax checks the package for completeness before release — an operational check, not a review by a credentialed tax professional. No EA or CPA review is included unless your written scope names one.

    You mail the returns to the IRS as the Streamlined instructions direct, and file the FBARs on FinCEN's BSA E-Filing System. Atamatax transmits nothing to the IRS or FinCEN.

    Get a scoped quote
  2. The same, with non-US funds or a personal foreign pension

    Streamlined Investor · $2,200 · Scoped by hand

    The catch-up years include non-US funds or a personal foreign plan, so each back year needs PFIC work as well as the return and the FBAR.

    What arrives, who prepares and checks it, and who files

    A person at Atamatax prepares the three returns, the six FBAR years and the Form 14653 organiser from your documents, against the written scope, with the engine computing the figures. You write your own statement of facts.

    A person at Atamatax checks the package for completeness before release — an operational check, not a review by a credentialed tax professional. No EA or CPA review is included unless your written scope names one.

    You mail the returns to the IRS as the Streamlined instructions direct, and file the FBARs on FinCEN's BSA E-Filing System. Atamatax transmits nothing to the IRS or FinCEN.

    Get a scoped quote
  3. The same, with a foreign company, a trust, or more than ten funds

    Streamlined Complex · From $2,990 · Scoped by hand

    Several unfiled years plus a foreign company, a trust or a large fund portfolio is the hand-scoped tier: the scope is set before any price is quoted, and a company or trust return is prepared by a specialist alongside the personal returns.

    What arrives, who prepares and checks it, and who files

    A person at Atamatax prepares the three returns, the six FBAR years and the Form 14653 organiser from your documents, against the written scope, with the engine computing the figures. You write your own statement of facts.

    A person at Atamatax checks the package for completeness before release — an operational check, not a review by a credentialed tax professional. No EA or CPA review is included unless your written scope names one.

    You mail the returns to the IRS as the Streamlined instructions direct, and file the FBARs on FinCEN's BSA E-Filing System. Atamatax transmits nothing to the IRS or FinCEN.

    Get a scoped quote
  4. An IRS examination is open, or willfulness is an open question

    Confirm the scope before choosing a package · Free to ask

    The IRS has already been in contact. The published catch-up routes close once an examination is open, so the next step is a conversation about representation, not a filing package.

    What arrives, who prepares and checks it, and who files

    Free to ask. A person reads the facts and says whether Atamatax can take the case, and which route it would be.

    A person at Atamatax reads the facts before any route is offered.

    See whether Atamatax can take the case

When a professional's judgment is needed. An open IRS examination, a question about whether the missed years were willful, or an unsettled US status goes to a person before anything is quoted — those decide whether a catch-up procedure is available at all, and nothing should be certified under penalty of perjury until they are answered. Most IRS letters do not close a route; an examination does.

In every route the signatures and the filing stay with you or the accountant you choose; nothing is filed on your behalf. Written questions to hello@atamatax.com get a reply within one business day. Who does what in each route.

Free preliminary result · a few questions

Build your catch-up filing map

Answer a few questions about the years you missed and what you hold abroad. See which filings may apply, whether the Streamlined route looks consistent with your facts, and what to gather first.

Build my catch-up filing mapNo signup. Answers stay yours.

Your next step · free

Could the Streamlined route fit your facts?

Eight questions on the published gates — the non-residency test, non-willfulness, any examination, which years are open — and a preliminary read on which catch-up path they point at. Free, no account.