United States persons
are required to file an FBAR if:
- The United States person had a financial interest
in or signature authority over at least one financial account located
outside of the United States; and
- The aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.
United States person
means United States citizens; United States residents; entities, including but
not limited to, corporations, partnerships, or limited liability companies
created or organized in the United States or under the laws of the United
States; and trusts or estates formed under the laws of the United States.
Exceptions to the FBAR
reporting requirements can be found in the FBAR instructions. There are filing
exceptions for the following United States persons or foreign financial
accounts:
- Certain foreign financial accounts jointly owned
by spouses;
- United States persons included in a consolidated
FBAR;
- Correspondent/nostro accounts;
- Foreign financial accounts owned by a governmental
entity;
- Foreign financial accounts owned by an
international financial institution;
- 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;
- Trust beneficiaries; and
- Foreign financial accounts maintained on a United States military banking facility.
Look to the FBAR
instructions to determine eligibility for an exception and to review exception
requirements.
A person who holds a
foreign financial account may have a reporting obligation even though the
account produces no taxable income. Checking the appropriate block on
FBAR-related federal tax return or information return questions (for example,
on Schedule B of Form 1040, the "Other Information" section of Form
1041, Schedule B of Form 1065, and Schedule N of Form 1120) and filing the
FBAR, satisfies the account holder's reporting obligation.
The FBAR is not filed
with the filer's federal income tax return. The granting by the IRS of an
extension to file federal income tax returns does not extend the due date for
filing an FBAR. You may not request an extension for filing the FBAR. The FBAR
must be received by the IRS on or before June 30 of the year following the
calendar year being reported. File by
mailing the FBAR to:
United States Department
of the Treasury
P.O. Box 32621
Detroit, MI 48232-0621
If an express delivery
service is used, file by mailing to:
IRS Enterprise Computing
Center
ATTN: CTR Operations
Mailroom, 4th Floor
985 Michigan Avenue
Detroit, MI 48226
Delivery messenger
service contact telephone number: (313) 234-1062
Account holders who do
not comply with the FBAR reporting requirements may be subject to civil
penalties, criminal penalties, or both.
On July 18, 2011, FinCEN
announced that it has developed an electronic filing system that will accept
the FBAR form. E-filing is a quick and
secure way for individuals to file FBARs. Filers will receive an acknowledgement of each
submission. For more information about
FBAR e-filing, read the FinCEN news release.
For more info from the IRS (in
exceptionally byzantine fashion) see: http://www.irs.gov/businesses/small/article/0,,id=148849,00.html. Note that the IRS is targeting expats and PTs in particular in search of your foreign bank and other accounts. But all "US persons" with foreign bank accounts and other financial interests abroad are subject to FBAR.