Foreign Bank Account, Report 114 FBAR

Foreign Bank
Accounts

The deadline to file a Foreign Bank and Financial Account Report - or FBAR - for the current tax year will be on tax day in April each year.

A U.S. taxpayer, citizen, resident, estate, trust, corporation, etc., is required to file an FBAR to report if the following applies:

  • A financial interest in or signature or other authority over at least one financial account (bank account, securities, stocks, interest in foreign entities, etc. located outside the United States
  • The aggregate value of those foreign financial accounts exceeded $10,000 at any time during the tax year reported

If this applies to you, simply prepare and e-File your current Taxes with eFile.com, and we will generate the proper forms for you. Using the app will help you complete and file Form 8938, Statement of Specified Foreign Financial Assets, if the assets' total value exceeds an applicable threshold amount. This threshold varies based on whether you live in the U.S., are married, or file a joint tax return.

Report on Foreign Bank and Financial Accounts

Foreign financial institutions may not be subject to the same reporting requirements as domestic financial institutions. Therefore, the FBAR is a tool to help the U.S. government identify individuals who may be using foreign financial accounts to circumvent U.S. laws. FBARs are used by investigators to help identify or trace funds used for illicit purposes or to identify unreported income generated or maintained overseas.

Taxpayers generally may need to prepare and file Schedule B with information in Part 3 which focuses on foreign accounts. Read more about FinCEN Report 114.

You do not have to file an FBAR if the assets are with a U.S. military bank operated by an American financial institution or if combined funds in the account(s) are $10,000 or less during the entire tax year. The following U.S. persons and foreign financial accounts are exempt from the FBAR:

  • IRA owners and beneficiaries
  • Participants in and beneficiaries of tax-qualified retirement plans
  • Certain individuals with signature authority over but no financial interest in a foreign financial account
  • U.S. persons included in a consolidated foreign bank and financial account report
  • Foreign financial accounts owned by a government entity
  • Foreign financial accounts owned by an international financial institution
  • Correspondent/Nostro accounts
  • Foreign financial accounts maintained in a U.S. military banking facility
  • Certain foreign financial accounts jointly owned by spouses
  • Trust beneficiaries.

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How and When to File a Foreign Bank and Financial Account Report

The IRS released a user guide for the given Tax Season, which covers the details of the Foreign Account Tax Compliance Act - FATCA. It covers the program's background and a step-by-step guide on registering an online account and filing. See the FATCA Report Form 8966.

Prepare and e-File non-IRS FinCEN Report 114, Report of Foreign Bank and Financial Accounts - FBAR - through the Financial Crimes Enforcement Network's (FinCEN) BSA E-Filing System. When you prepare your taxes on eFile.com, your FBAR is not a part of the e-Filed tax return.

This document, Form 114, is not reported with your U.S. tax return but rather with the Financial Crimes and Enforcement Network - FinCEN. FBAR is a filing requirement even if a taxpayer is not required to file a 1040 income tax return.

On the other hand, Form 8938 can be prepared and filed with a tax return as part of a tax return.

It must be filed separately from your Form 1040 by Tax Day on April 15. When you e-File your Foreign Bank and Financial Account Report - see instructions below - you will receive an acknowledgment from FinCEN that it has been submitted to them. If you do not file your FBAR by April, you will gain an automatic extension to file it by October 15. This process must be completed if you are a U.S. citizen or resident alien that has a financial interest in or signature authority over at least one overseas financial account and the total value of all foreign financial accounts exceeded over $10,000 at any time during the given tax year.

The IRS requires you to complete and e-File Form 114, Report of Foreign Bank and Financial Accounts (FBAR), through the Financial Crimes Enforcement Network's (FinCEN) BSA E-Filing System. Form 114 must be filed or e-Filed separately from your Form 1040 by the April Tax Deadline.

e-File your foreign and financial bank reports via the link below and find FBAR Information.

e-File Your FBAR Through FinCEN Now!

How to Report Specified Foreign Financial Assets

Using the eFile tax app will help you complete and file Form 8938, Statement of Specified Foreign Financial Assets, if the assets' total value exceeds an applicable threshold amount. This threshold varies based on whether you live in the U.S., are married, or file a joint tax return. Specified foreign financial assets include:

  • Any financial account maintained by a foreign financial institution
  • Any securities, stock, or other interest in a foreign entity and any financial tool or contract with a counterparty or issuer not from the United States (to the extent held for investment).

Note that the Form 8938 filing requirement doesn't replace or affect a U.S. taxpayer's requirement to file a foreign bank and financial account report. If you received income from contributions made to a foreign trust or received a gift from a foreign individual, you may also have to file - not e-File - Form 3520 or Form 3520-A.

There will be serious consequences if the IRS discovers that you have unreported income or undisclosed foreign financial accounts. These consequences can include the following:

  • Additional taxes
  • Interest
  • Fines
  • Substantial penalties
  • Imprisonment.

Tax Return and Extension Information for U.S. Citizens Living/Working Abroad

Your U.S. income tax return is considered filed on time if it's from and officially postmarked in a foreign country on or before Tax Day (this includes tax extensions; read more below for details) or given to a designated international private delivery service before midnight of the last date given to you for filing the return. If your return is filed late, the delivery service or postmark date doesn't determine the filing date. In this case, when the IRS receives your return, it's considered filed.

If you are a U.S. citizen or resident alien from the United States, your tax return deadline is in April. However, the IRS allows a two-month automatic extension if you need more time to file your return beyond the original due date because you lived and/or worked abroad. With this extension, your U.S. return and tax payment due date will be June. You do not have to complete and file a form to obtain the extension. Individuals that qualify for the automatic extension are:

  • Taxpayers living outside the U.S. and Puerto Rico whose main business or post of duty is outside these two areas OR
  • Military or naval service members on duty outside the U.S. and Puerto Rico.

To claim the automatic extension, you must attach a statement to your income tax return explaining the situation(s) that qualified you for the extension. Note that any tax payments made after the June 15 deadline will be subject to failure-to-pay penalties and interest charges. However, the late filing penalty would only apply if the return is not filed by the December tax return filing deadline. If you file a married joint tax return, either you or your spouse can qualify for the automatic extension. However, if you and your spouse file separate returns, only the spouse that qualifies for the extension can receive it.

If you need more time beyond the automatic tax return extension deadline, file Form 4868 by April 15 to request an additional 4-month extension of time to file. The new e-file deadline will be in October. When you file extension Form 4868, you should estimate and pay any additional taxes owed to avoid a late-payment penalty. With eFile.com, we provide many tools to help you prepare and estimate your taxes, including the PAYucator, which can be utilized to estimate these payments. The penalty applies if, through tax payment methods such as withholding, you paid less than 90% of your actual tax liability by the original income tax return deadline. You'll be charged interest on any unpaid tax liability from the original deadline until you pay all taxes owed, even if the late-payment penalty doesn't apply.

If you're outside of the United States and cannot file your return by the October deadline, you can request an additional, discretionary 2-month extension of time to file from the IRS. This will extend your due date to December 15. To request this extension, you must send a letter explaining your reasons why you need an additional two months to file your tax return. If you don't receive notification from the IRS, it has accepted your request, and you will receive the extension. You will only receive IRS notification if your request is denied. Be aware that if you received an approved extension of time to e-File a free extension via Form 2350 on eFile.com, you could not receive the additional discretionary 2-month extension.

Generally, you cannot receive a U.S. tax return extension lasting more than six months. However, you may be able to receive a longer extension if

  • You're outside the United States AND
  • You meet certain tests.

How to Receive More Time to File a U.S. Tax Return and Qualify for Special Tax Treatment

If you're preparing and filing or e-Filing Form 2555 - foreign tax credit - and you need more time to qualify for a special tax treatment (such as qualification for the foreign housing deduction or exclusion and/or the foreign earned income exclusion), complete and file foreign tax return extension Form 2350 on or before June 15. Be aware that if you are to qualify for a foreign deduction or exclusion, you need to qualify for the bona fide residence test or physical presence test.

If you are granted the extension, your return will generally be due 30 days after the date you expect to meet either the bona fide residence or physical presence test. In addition, if you must allocate moving expenses, your extension may increase up to 90 days after the end of the year following the year you moved to the foreign country.

Related Foreign Income Information

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