How to File FBAR: Your Guide to Reporting Foreign Accounts

Do you know how to file an FBAR? Plenty of folks with overseas accounts find themselves tangled up in this yearly ritual. But here’s the good news: tackling FBAR doesn’t have to be a head-scratcher. 

In this guide, we’ll walk you through everything you need to know to file that FBAR like a pro. From gathering your account info to hitting “submit,” we’ve got your back every step of the way.

Key Takeaways:

• Eligibility: U.S. persons with foreign financial accounts exceeding $10,000 at any point in the year must file an FBAR.
• Penalties: Non-compliance can lead to severe penalties, including up to $10,000 for non-willful violations and greater penalties for willful violations.
• Filing Process: Collect account details, fill out FinCEN Form 114 online, and submit electronically.
• Deadlines: FBAR is due on April 15, with an automatic extension to October 15.
• Record Keeping: Keep detailed financial records for at least five years and consider professional help for complex situations.

What Is FBAR and Who Needs to File It?

If you have a foreign bank account or other financial accounts overseas, you may need to report them to the U.S. government. It’s called the FBAR, which stands for the Report of Foreign Bank and Financial Accounts. I know, it sounds daunting. But don’t worry, I’m here to break it down for you.

Definition of FBAR

The FBAR is an annual report that certain U.S. persons must file if they have foreign financial accounts exceeding $10,000 in total value at any point during the calendar year. It’s part of the Bank Secrecy Act, which aims to prevent tax evasion and money laundering.

Threshold for Filing FBAR

Here’s the magic number: $10,000. If the total value of all your foreign financial accounts exceeds $10,000 at any time during the year, you need to file an FBAR. This applies even if each account had less than $10,000, but the combined value surpassed the threshold.

Who Is Required to File FBAR

U.S. persons who must file an FBAR include:

• U.S. citizens
• Resident aliens
• Entities like corporations, partnerships, or LLCs created or organized in the U.S.
• Trusts or estates formed under U.S. laws

If you fall into one of these categories and meet the $10,000 threshold, the FBAR is in your future.

Consequences of Not Filing FBAR

Failing to file an FBAR when required can lead to severe penalties. For non-willful violations, the penalty can be up to $10,000 per violation. But if the IRS determines you willfully failed to file, the stakes are much higher. 

Willful violations can result in a penalty of the greater of $100,000 or 50% of the account balance at the time of the violation. In extreme cases, you could even face criminal penalties. 

The bottom line? If you’re required to file an FBAR, make sure you do it accurately and on time. The consequences of non-compliance are just not worth the risk.

How to File FBAR: Step-by-Step Guide

Now that you know what an FBAR is and who needs to file it, let’s dive into the nitty-gritty of actually submitting the form. Here’s a step-by-step guide to help you navigate the process.

Gathering Necessary Information

Before you start filling out the FBAR form, make sure you have all the required information on hand. You’ll need details about each of your foreign financial accounts, including:

• Name of the financial institution
• Account number
• Maximum value of the account during the calendar year
• Type of account (bank, securities, other)

Gather your bank statements and other financial records to ensure you have accurate information.

Accessing the FBAR Form

The FBAR form is officially known as FinCEN Form 114. You can access it through the BSA E-Filing System on the Financial Crimes Enforcement Network (FinCEN) website. To file electronically, you’ll need to create an account and obtain a User ID and password.

Filling Out the FBAR Form

Once you’re logged into the BSA E-Filing System, follow the prompts to fill out FinCEN Form 114. The form will ask for your personal information, as well as details about each foreign account you’re reporting. 

Be thorough and accurate when entering your information. Double-check account numbers and balances against your records.

Submitting the FBAR Form

After you’ve completed the form, review it carefully for any errors or omissions. When you’re confident everything is correct, submit the form electronically through the BSA E-Filing System. 

You’ll receive an acknowledgment message confirming your submission. Make sure to save a copy of this for your records.

Receiving Confirmation of FBAR Filing

In addition to the on-screen acknowledgment, you’ll also receive an email confirmation from FinCEN after successfully submitting your FBAR. This email will include a BSA Identifier, which is a unique tracking number assigned to your FBAR. 

Keep this email and BSA Identifier with your tax records. You may need to reference it if there are any questions or issues with your FBAR filing. 

Remember, the FBAR is a separate filing from your federal income tax return. You don’t include it with your 1040 or other tax forms. It’s an additional reporting requirement for certain foreign financial accounts. By following these steps and double-checking your information, you can ensure your FBAR is filed accurately and on time, helping you stay compliant with U.S. reporting requirements.

Common Questions About FBAR Filing

As someone who has filed many FBARs over the years, I know firsthand that the process can raise a lot of questions. Here are answers to some of the most common queries I hear about FBAR filing.

Filing Deadline and Extensions

The FBAR is an annual report, due on the same day as your federal income tax return (usually April 15). However, you automatically get an extension to October 15 if you miss the April deadline. 

No need to request an extension – it’s granted automatically. But don’t use this as an excuse to procrastinate. It’s always best to file as early as possible.

Jointly Owned Accounts

If you jointly own a foreign account with your spouse, you may be wondering if you both need to file separate FBARs. The answer is: it depends. If you both have signature authority over the account (meaning you can control the disposition of the assets), then you must each file your own FBAR. But if only one of you has signature authority, that person can file a single FBAR on behalf of both of you.

Signature Authority

Speaking of signature authority, this is an important concept to understand for FBAR purposes. You have signature authority if you can control the disposition of assets in an account by direct communication with the financial institution. This means even if you don’t have a financial interest in an account, you may still need to report it on an FBAR if you have signature authority.

Amending a Previously Filed FBAR

Mistakes happen. If you need to correct an error on a previously filed FBAR, you can do so by filing an amended report. 

Simply access the BSA E-Filing System, select the “Amend” option, and make the necessary changes. Be sure to include an explanation of the changes in the appropriate field.

Record Keeping Requirements

In addition to filing the FBAR itself, you’re also required to keep certain records related to your foreign accounts. This includes things like account statements, deposit and withdrawal records, and correspondence with the financial institution. 

You should keep these records for at least five years from the FBAR due date. That way, if the IRS or FinCEN ever comes knocking, you’ll have the documentation to back up your FBAR filings. 

Remember, the FBAR is all about transparency. By understanding these common issues and staying on top of your filing requirements, you can avoid penalties and maintain compliance with U.S. reporting laws.

Tips for Ensuring Accurate and Timely FBAR Filing

Over the years, I’ve learned a few tricks for making the FBAR filing process as smooth and stress-free as possible. Here are my top tips for ensuring your FBAR is accurate, complete, and filed on time.

Maintaining Accurate Records

The key to a successful FBAR filing is good recordkeeping. Throughout the year, make sure you’re keeping detailed records of all your foreign financial accounts. 

This includes bank statements, deposit and withdrawal slips, and any other documentation that shows the account balance and activity. The more organized your records are, the easier it will be to gather the necessary information come FBAR time.

Setting Reminders for FBAR Deadline

The FBAR deadline has a way of sneaking up on you. To avoid a last-minute scramble, set reminders for yourself well in advance of the due date. 

I like to put a reminder on my calendar for a month before the deadline, so I have plenty of time to gather my records and fill out the form. You could also set a reminder for the automatic extension deadline of October 15, just in case.

Seeking Professional Assistance

If you’re feeling overwhelmed by the FBAR filing process, don’t be afraid to seek professional help. A qualified tax preparer or attorney can guide you through the requirements and ensure you’re meeting all your obligations. 

This is especially important if you have a complicated financial situation, such as multiple foreign accounts or ownership in foreign entities. A professional can help you navigate the complexities and avoid costly mistakes.

Reviewing FBAR Before Submission

Before you hit that “submit” button, take a few minutes to review your FBAR for accuracy and completeness. Double-check all the account information, balances, and personal details. 

Make sure you haven’t overlooked any accounts that need to be reported. It’s much easier to catch and fix errors before you file than to go back and amend the FBAR later.

Keeping Copies of Filed FBARs

After you’ve successfully filed your FBAR, don’t just forget about it. Make sure to keep a copy of the completed form, along with your account records, for at least five years. You never know when you might need to reference a previous FBAR filing. 

Plus, having copies on hand will make your life much easier if you ever face an audit or other inquiry from the IRS or FinCEN. By following these tips and staying organized throughout the year, you can take the stress out of FBAR filing and ensure you’re always in compliance. Trust me, your future self will thank you.

How To File FBAR: Final Thoughts

Filing your FBAR isn’t rocket science. With a little organization and attention to detail, you can knock this task out in no time. Remember, to snag that account info, hop on FinCEN’s site, fill out the form, and click “submit” by April 15th (or October 15th if you’re fashionably late).

Oh, and don’t forget to keep those records handy just in case. The key is staying on top of your filing game each year. For more information or to get help from highly experienced tax professionals in filing your FBAR, contact Dimov Tax today!