FBAR Deadline

The FBAR deadline is a critical date for U.S. citizens and residents who hold financial accounts in foreign countries. In order to remain compliant with the Internal Revenue Service (IRS) and the Financial Crimes Enforcement Network (FinCEN), these individuals must file an FBAR report annually. This comprehensive guide will provide you with the essential information you need to understand the FBAR reporting requirements, the deadline for filing, and the potential penalties for non-compliance.

What is FBAR and Who Needs to File?

1. FBAR (Foreign Bank and Financial Accounts Report) is a mandatory annual report filed with FinCEN by U.S. citizens and residents who have financial accounts in foreign countries.
2. You need to file an FBAR if you meet the following criteria:
   • You are a U.S. citizen, resident, or entity (e.g., corporation, partnership, trust, or limited liability company) and;
   • The combined value of your foreign financial accounts exceeds $10,000 at any time during the calendar year 2023.

Understanding the FBAR Deadline

1. The FBAR deadline is April 15 of each year, following the calendar year being reported. For example, the deadline for filing the 2024 FBAR is April 15, 2024.
2. If you cannot file by the April 15 deadline, an automatic extension to October 15 is granted without the need to request it.

Types of Foreign Financial Accounts to Report

1. Bank accounts, such as savings, checking, and deposit accounts.
2. Securities accounts, including brokerage and investment accounts.
3. Mutual funds, unit trusts, and other pooled funds.
4. Commodity futures and options accounts.
5. Insurance policies with a cash value, such as whole life policies.
6. Annuities with a cash value.
7. Other financial instruments or accounts maintained with a foreign financial institution.

How to File an FBAR

1. FBARs must be filed electronically using the BSA E-Filing System provided by FinCEN. Paper filings are no longer accepted.
2. Complete the FinCEN Form 114, also known as the Report of Foreign Bank and Financial Accounts.
3. Make sure to provide all required information, including account numbers, account balances, and the names and addresses of the foreign financial institutions.

Penalties for Not Filing or Incomplete Filing

1. Non-willful violations: Failing to file an FBAR or filing an incomplete report can result in a penalty of up to $12,921 per violation.
2. Willful violations: A willful failure to file or filing a false FBAR can result in a penalty of up to $129,210 or 50% of the account balance, whichever is greater, per violation.

Tips for FBAR Compliance

1. Keep detailed records of your foreign financial accounts, including account numbers, balances, and the names and addresses of the financial institutions.
2. Monitor the combined value of your foreign accounts throughout the year to determine if you meet the $10,000 threshold for filing.
3. If you are unsure about whether you need to file an FBAR or have concerns about your previous filings, consult with a tax professional or attorney experienced in international tax compliance.
4. Familiarize yourself with the FinCEN Form 114 and the BSA E-Filing System well before the FBAR deadline to ensure a smooth and accurate filing process.

FBAR and FATCA: Understanding the Differences

1. The Foreign Account Tax Compliance Act (FATCA) is a separate reporting requirement from FBAR. FATCA requires certain U.S. taxpayers with specified foreign financial assets to report those assets on Form 8938, which is filed with their annual income tax return.
2. While both FBAR and FATCA focus on foreign financial accounts, the reporting thresholds, filing requirements, and penalties for non-compliance are different.
3. It is important to understand both the FBAR and FATCA reporting requirements, as you may need to file both an FBAR and Form 8938, depending on your specific circumstances.