FBAR and FATCA Filings: Overview and Penalties
FBAR (Foreign Bank Account Report)
Who Must File:
- S. persons (citizens, residents, and certain entities) with a financial interest in or signature authority over foreign financial accounts if the aggregate value exceeds $10,000 at any time during the calendar year.
What to File:
- File FinCEN Form 114 (FBAR) electronically via the BSA E-Filing System; do not file with your tax return.
When to File:
- Annual deadline is April 15, with an automatic extension to October 15—no request needed.
Information Required:
- Name, SSN/ITIN, address, account details (name, number, type, institution, maximum value), and joint owner information if applicable.
Recordkeeping:
- Keep records for at least five years, including bank statements and account details.
Penalties:
- Non-willful violations: Up to $16,536 per violation (2025).
- Willful violations: Greater of $165,353 or 50% of the account balance at the time of violation.
FATCA (Foreign Account Tax Compliance Act)
Who Must File:
- S. taxpayers with specified foreign financial assets exceeding certain thresholds (e.g., $50,000 for single filers, higher for joint filers or those living abroad).
What to File:
- IRS Form 8938, attached to your annual tax return.
When to File:
- Due with your annual federal income tax return (April 15 or October 15 with extension).
Information Required:
- Details on specified foreign financial assets, including account numbers, institutions, and maximum values.
Penalties:
- Failure to file Form 8938: $10,000 penalty, with additional penalties up to $50,000 for continued failure after IRS notification.
- Potential 40% penalty on underreported income from undisclosed assets.
Summary Table
Requirement | Form | Filing System | Deadline | Penalties |
FBAR | FinCEN 114 | BSA E-Filing (FinCEN) | April 15 (auto ext. to Oct 15) | Up to $16,536 (non-willful); $165,353 or 50% of balance (willful) |
FATCA | IRS 8938 | With IRS tax return | April 15 (ext. to Oct 15) | $10,000–$50,000+; 40% on underreported income |
Key Points:
- FBAR and FATCA are separate but may both apply; failing to file either can result in substantial penalties.
- FBAR is filed with FinCEN, not the IRS, while FATCA (Form 8938) is filed with your tax return.
- Both require detailed reporting of foreign financial accounts and assets.
Careful compliance is essential to avoid severe financial penalties.