FBAR (Report of Foreign Bank and Financial Accounts)
A FinCEN Form 114 filing required of US persons who hold foreign financial accounts with an aggregate value exceeding $10,000 at any point during the year.
Detailed Explanation
The FBAR (FinCEN Form 114) is a Treasury Department report, separate from the federal income tax return, required of any US person with a financial interest in or signature authority over foreign financial accounts whose aggregate value exceeded $10,000 at any time during the calendar year. "US person" includes US citizens, residents (including green card holders meeting the residency test), and US-formed entities. The aggregate value test means you must add the maximum value of every foreign account during the year, then report all of them if the total crossed $10,000 even momentarily. Reportable accounts include foreign bank accounts, brokerage accounts, mutual funds, certain insurance products with cash value, and many foreign retirement accounts. The FBAR is filed electronically through the BSA E-Filing System, due April 15 with an automatic extension to October 15 (no separate request needed). Penalties for non-willful violations are up to $10,000 per FBAR per year (post-Bittner v. United States, 2023, the Supreme Court ruled the cap is per-form not per-account for non-willful), inflation-adjusted. Willful violations can reach the greater of $100,000 or 50% of the highest balance per violation, plus potential criminal exposure. The IRS Streamlined Filing Compliance Procedures (Domestic and Foreign Offshore) provide a path to amnesty for non-willful taxpayers, generally requiring 6 years of FBARs and 3 amended returns.
Key Points
- Required when aggregate foreign account balances exceed $10,000 at ANY point during the year.
- Filed separately from Form 1040, electronically with FinCEN, due April 15 (automatic October 15 extension).
- Non-willful penalty is capped per-form per-year (Bittner, 2023), not per-account.
- Willful penalty: greater of $100,000 or 50% of balance per violation.
- Streamlined Foreign Offshore (expat) and Streamlined Domestic Offshore (US-resident) are amnesty paths for non-willful filers.
- Reportable accounts include banks, brokerages, mutual funds, insurance with cash value, and many foreign retirement plans.
Practical Example
You moved to Germany for work in 2024 and opened a Deutsche Bank account. By year-end your German balance peaked at $11,200. You also have a US bank account ($25,000). Even though your German account closed the year at $8,500, the $11,200 peak triggers the FBAR requirement: file FinCEN 114 reporting the German account by April 15 (or October 15 with automatic extension). Forgetting to file is a non-willful violation; the IRS will accept a late filing under Streamlined Foreign Offshore Procedures with no penalty if otherwise compliant.
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Learn about International TaxationRelated Terms
FATCA (Foreign Account Tax Compliance Act)
A US law requiring foreign financial institutions and certain US taxpayers to report foreign financial accounts and assets to the IRS.
Form 8938 (Statement of Specified Foreign Financial Assets)
A FATCA-related form filed with Form 1040 to report foreign financial assets that exceed specified thresholds.
IRS Streamlined Filing Compliance Procedures
An IRS amnesty program for non-willful US taxpayers who failed to report foreign financial accounts and assets, allowing catch-up filing without standard penalties.
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