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Do I have to file FBARs?

By Alexander Torres

Who Must File the FBAR? A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year.

What happens if I file FBAR late?

While few people are actually prosecuted criminally, the IRS does routinely impose the civil penalties for willful failure to file FBAR. The penalties for a willful violation are the greater of $124,588 or 50% of the account value at the time of the violation.

What happens if you miss filing FBAR?

The IRS believes that if you failed to file an FBAR and you or your tax preparer checked the “no” box on the Schedule B question asking about foreign accounts, your actions were “willful.” Non-willful violations are subject to penalties up to $12,459 per account per year.

Is there penalty for failure to file delinquent FBAR?

The IRS will not impose a penalty for the failure to file the delinquent FBARs if you properly reported on your U.S. tax returns, and paid all tax on, the income from the foreign financial accounts reported on the delinquent FBARs, and you have not previously been contacted regarding an income tax examination or a request for delinquent returns …

How to contact FinCEN for delinquent FBAR submission?

On the cover page of the electronic form, select a reason for filing late. If you are unable to file electronically, contact FinCEN’s Regulatory Help line at 1-800-949-2732 or 1-703-905-3975 (if calling from outside the United States) to determine possible alternatives to electronic filing.

What to do if you are late filing your FBAR?

If you miss the April 15 FBAR filing deadline, you’ll receive an automatic six-month filing extension. For delinquent FBARs from prior tax years, you should use one of the offshore disclosure methods to file your late FBARs.

Why do I need to file a FBAR?

The Internal Revenue Service (“IRS”) has established procedures to come into compliance with international information return filings, including the FBARs. These programs generally decrease the civil penalties that could be imposed as well as the likelihood of a criminal tax referral by the IRS.