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Legal

What is FBAR (Foreign Bank Account Report)?

A mandatory annual report (FinCEN Form 114) that US persons must file if they have foreign financial accounts with an aggregate value exceeding $10,000 at any point during the year.

FBAR is one of the most important — and most frequently violated — reporting requirements for Americans with international finances. Failure to file carries severe penalties.

Who Must File

Any "US person" (citizen, green card holder, or tax resident) who has a financial interest in, or signature authority over, foreign financial accounts with an aggregate value exceeding $10,000 at any point during the calendar year.

What Counts as a "Foreign Financial Account"

  • Bank accounts (checking, savings)
  • Brokerage accounts
  • Mutual funds
  • Trusts
  • Insurance policies with cash value
  • Cryptocurrency on foreign exchanges (per recent FinCEN guidance)
  • Pension accounts in foreign countries

The $10,000 Threshold

  • It's the aggregate of ALL foreign accounts combined, not per-account
  • It's based on the highest balance at any point during the year, not the year-end balance
  • Convert foreign currency to USD using the Treasury's year-end exchange rate

Example: If you have $6,000 in a Wise multi-currency account and $5,000 in a Georgian bank, your aggregate is $11,000 — FBAR is required.

How to File

  • Filed electronically via FinCEN's BSA E-Filing System (not with your tax return)
  • Due April 15 with an automatic extension to October 15
  • No tax is owed with the filing — it's purely informational

Penalties for Non-Filing

Violation Penalty
Non-willful Up to $10,000 per account per year
Willful Greater of $100,000 or 50% of the account balance per year
Criminal Up to 5 years in prison and $250,000 fine

Common Mistakes

  • Crypto on foreign exchanges: Many nomads don't realize Binance, Kraken (for non-US), or other foreign-based exchanges may trigger FBAR
  • Wise/Revolut: Multi-currency accounts held at foreign institutions count
  • Joint accounts: If your spouse is on a foreign account, both must file
  • Closed accounts: If an account was open at any point during the year and exceeded the threshold, it must be reported even if closed

FBAR vs. FATCA (Form 8938)

FBAR (FinCEN 114) FATCA (Form 8938)
Filed with FinCEN (Treasury) IRS (with tax return)
Threshold $10,000 aggregate $200,000-$600,000 (varies)
What's reported Account info only Accounts + other assets
Penalties Up to 50% of balance $10,000-$60,000

Many Americans abroad must file both FBAR and FATCA.

Related Terms

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