FBAR (FinCEN 114) — Foreign Bank Account Report

FBAR (Foreign Bank Account Report) is the annual report every “US person” must file with FinCEN (Financial Crimes Enforcement Network) if they have foreign bank accounts whose combined balances exceeded $10,000 USD at any point during the year.

Who must file FBAR?

Any “US Person” with financial interest or signature authority over foreign accounts > $10,000 aggregated:

  • US citizens (even if living outside US)
  • Permanent residents (green card holders) — regardless of where they live
  • Tax residents under Substantial Presence Test
  • Corporations, partnerships, trusts organized under US laws

What counts as “foreign account”?

Any financial account at an institution outside the US:

  • ✅ Bank accounts (checking, savings)
  • ✅ Investment accounts (brokerage at foreign bank)
  • ✅ Mutual funds at foreign bank
  • ✅ Foreign retirement accounts (some cases, not all)
  • ✅ Accounts with signature authority (even if not yours — e.g., company account)
  • ✅ Insurance with cash value at foreign insurer

❌ NOT included: real estate, gold/crypto in self-custody, accounts at US military bases

The $10,000 threshold

It’s the AGGREGATE amount of ALL your foreign accounts at any point in the year:

  • Example 1: One account with max balance of $11,000 → MUST file FBAR
  • Example 2: Three accounts each with max $4,000 → $12,000 aggregated → MUST file
  • Example 3: Five accounts each with max $1,500 → $7,500 aggregated → NOT required

Important: it’s the maximum balance at ANY POINT in the year, not year-end balance.

How to file FBAR

Official platform: BSA E-Filing System

Information needed per account

  • Financial institution name
  • Full institution address
  • Account number
  • Account type (bank, brokerage, etc.)
  • Maximum balance during the year in USD
  • Whether sole owner, joint owner, or signature authority only

Deadlines

  • Due date: April 15 of following year
  • Automatic extension: until October 15 (automatic since 2017, no request needed)

Penalties for NOT filing

Severe:

  • Non-willful: up to $10,000 USD per violation
  • Willful: greater of $100,000 USD OR 50% of account balance — per violation, per year

If you’ve never filed FBAR — Streamlined Procedures

If unaware of FBAR obligation and have multiple years unfiled, Streamlined Filing Compliance Procedures exists:

  • File 6 years of back FBARs
  • File 3 years of amended tax returns (Form 1040X)
  • Pay back taxes + interest
  • No FBAR penalty (key benefit)

Available only if non-filing was non-willful. Consult tax attorney or EA with international experience.

FBAR vs FATCA — same?

No. Two different requirements:

ItemFBAR (FinCEN 114)FATCA (Form 8938)
AgencyFinCEN (Treasury)IRS
Threshold$10,000 aggregated$50,000+ (single in US) up to $600,000+ (married abroad)
ReportsJust bank/financial accountsBroader financial assets
How to fileBSA E-FilingWith Form 1040
DeadlineApril 15 (auto ext Oct 15)1040 deadline

Many people must file BOTH.


Official source: FinCEN FBAR


Last verified: 2026-05-24.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.