A $10,000 penalty may be imposed for failure to file Form 8854 when required. IRS is sending notices to expatriates who have not complied with the Form 8854 requirements, including the imposition of the $10,000 penalty where appropriate.
If you're required to file a tax return, you must report the 1099 income on your return. Failure to report this income can lead to tax assessments, penalties, and potentially even criminal exposure if the IRS believes you didn't report the income in an attempt to evade taxes.