The basics, explained plainly
FBAR Basics: What You Need to Know in 60 Seconds
If you have foreign bank or financial accounts that exceeded $10,000 (combined, at any single moment) during a calendar year, U.S. law requires you to file FinCEN Form 114, the FBAR. Here are the answers to the questions almost every client asks us first.
Who must file an FBAR?
Any U.S. person, citizens, green card holders, and U.S. tax residents, with a financial interest in or signature authority over foreign accounts whose aggregate value exceeded $10,000 at any time during the year. The threshold applies to the combined balance of all accounts, not each one individually. Joint accounts, custodial accounts, and even accounts you can sign for at work all count.
What counts as a foreign account?
Bank accounts, brokerage accounts, mutual funds, certain insurance policies with cash value, and most foreign retirement accounts (some treaty-exempt accounts excluded). Crypto held on a foreign exchange may qualify in certain cases. If you have any account at a non-U.S. institution, assume it counts and let us confirm.
What are the penalties for not filing?
$10,000 per non-willful violation, per form, per year. Willful failure to file can reach $129,210 per violation or 50% of the account balance, whichever is greater, plus possible criminal exposure. Penalties accrue annually for each missed year, so a five-year gap on three accounts is exposure on the order of $150,000 before willfulness is even considered.
I missed past years. What do I do now?
Two paths exist for non-willful filers: Delinquent FBAR Submission (used when only the FBAR is missing and all foreign income was reported, usually $0 penalty) and the Streamlined Filing Compliance Procedures (used when foreign income was also unreported, $0 penalty for non-residents and a 5% miscellaneous offshore penalty for U.S. residents). We confirm eligibility before you commit, file the certification (Form 14653 or 14654), and handle the catch-up returns.
How is FBAR different from FATCA Form 8938?
FBAR is a Treasury filing (FinCEN, e-filed via BSA) covering accounts. Form 8938 is an IRS filing (attached to your 1040) covering broader foreign financial assets including some non-account holdings. Thresholds differ: FBAR is $10,000 aggregate; Form 8938 ranges from $50,000 to $600,000 depending on filing status and residency. Many people owe both.
Talk to a CPA about your situationFree, no-obligation, same-day reply.