The FBAR (Foreign Bank & Financial Account Reporting)

FBAR (Foreign Bank and Financial Account)

The FBAR (Foreign Bank & Financial Account Reporting) is a report that must be filed with FinCEN by US taxpayers who have financial interest in or signature authority over foreign bank accounts or financial accounts.

The purpose of FBAR

The FBAR aims to combat tax evasion and money laundering by US taxpayers using offshore accounts. The FBAR must be filed annually, and failure to file can result in significant penalties. If you have any questions or concerns about the FBAR, it is recommended that you consult with a qualified tax professional or attorney.

Who Is a US Person for FBAR Purposes?

A US Person for FBAR purposes is defined as a United States citizen, resident alien, trust, estate, partnership, corporation, or any other entity that is subject to US taxation. Additionally, a US Person includes a US resident who is not a citizen but meets the substantial presence test.

Determining Maximum Account Value for FBAR

When determining the maximum account value for FBAR, all amounts should be recorded as US dollar amounts rounded up to the next whole dollar. The maximum value of the account can be determined using the following steps:

• Determine the maximum value of each account in foreign currency.
• Convert the maximum value of each account to US dollars using the US Treasury’s exchange rate.
• Total the maximum values of all accounts in US dollars to determine the aggregate maximum value of all foreign financial accounts.

It is important to note that if the aggregate maximum value of all foreign financial accounts exceeds $10,000 at any time during the calendar year, an FBAR must be filed.

FBAR Penalties Explained

FBAR (Report of Foreign Bank and Financial Accounts) penalties can be severe and may include both civil and criminal penalties. The penalties for failing to file an FBAR or filing an incomplete or incorrect FBAR are as follows:

• Civil Penalties: The civil penalties for willfully failing to file an FBAR can be up to the greater of $100,000 or 50% of the account balance at the time of the violation. For non-willful violations, the penalty can be up to $10,000 per violation.
• Criminal Penalties: Criminal penalties may be imposed for willful violations of the FBAR requirements, including fines of up to $250,000 and imprisonment for up to five years. In addition, the penalties for failing to file an FBAR may include additional criminal charges, such as tax evasion or money laundering.

If you would like to learn more about FBAR penalties Please view our article.

Contact us today at info@dimovtax.com or (833)829-1120 if you need more information or assistance with FBAR filing. Our team consists of licensed professionals with extensive expertise in handling FBAR forms, addressing penalties, and providing consultation on the tax implications associated with different approaches.