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FBAR · FinCEN Form 114

FBAR filing for US expats.
The report, not a tax.

If your non-US financial accounts together crossed $10,000 at any point in the year, you generally have to file FinCEN Form 114 — even when you owe no US tax at all. Here is what counts, what it is not, and what to do about missed years.

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The short answer

What is the FBAR?

The FBAR — Report of Foreign Bank and Financial Accounts, filed as FinCEN Form 114 — is how a US person reports non-US financial accounts to the Financial Crimes Enforcement Network. It is not part of your tax return, it is not filed with the IRS, and it does not itself impose any tax.

You generally file when the combined value of your non-US accounts exceeded $10,000 at any point during the calendar year. Two details trip people up. First, it is a combined test across every account, not a per-account one. Second, it is the peak balance, not the balance on 31 December — so money that passed through an account and left still counts.

Because it is an information report rather than a tax form, the obligation is completely independent of whether you owe anything. Most Americans abroad owe no US tax after the foreign earned income exclusion and foreign tax credits, and a great many of them conclude — reasonably but incorrectly — that this means there is nothing to file.

For a non-willful failure to file one compliant annual FBAR, the Supreme Court held in Bittner v. United States (2023) that the statutory maximum applies on a per-report, not per-account basis. Willfulness and other penalty questions are fact-sensitive. Current figures: $16,536 for non-willful violations and $165,353 where willfulness is established.

Scope

What counts toward the $10,000 threshold.

The test is about where the account is held, not about what is inside it or what currency it is in. A non-US brokerage account holding only American stocks is still a foreign financial account.

Bank accounts

Checking, savings and time deposits at any non-US bank, whatever the balance of the individual account.

Brokerage & investment accounts

Non-US securities accounts, including ones holding only US stocks. The account is foreign even when its contents are not.

Foreign fintech balances

Revolut, Wise, N26 and similar, where the account is held with a non-US institution.

Certain pension & vested-benefits accounts

Some occupational and vested-benefits accounts are reportable; treatment depends on the specific arrangement.

Accounts you only sign on

Signature authority counts — an employer or family account you can direct is reportable even if you own none of it.

Jointly held accounts

A joint account is generally reported in full by each US person on it, not split by ownership share.

Treatment of specific pension, insurance and vested-benefits arrangements depends on how the product is structured. This is general information, not advice for your facts.

The full FBAR guide

Work through the parts that apply to you.

FBAR · FAQ

Common questions.

What is the FBAR threshold?
You generally file when the combined value of your non-US financial accounts exceeded $10,000 at any point during the calendar year. It is a combined peak across every account, not a per-account test and not a year-end balance — if you moved $10,000 between two accounts, both are reportable even though neither ever held more than that on its own.
Is the FBAR the same as Form 8938?
No. The FBAR is FinCEN Form 114, filed electronically with FinCEN separately from your tax return, with a $10,000 combined-peak threshold. Form 8938 is a FATCA form filed with your tax return, covering specified foreign financial assets, with higher thresholds that vary by filing status and whether you live abroad. Many US persons abroad file both.
Do I file an FBAR if I owe no US tax?
Yes — the FBAR is an information report, not a tax form, and the obligation does not depend on owing anything. This is the single most common reason people miss it: they correctly conclude that credits and exclusions wipe out their US tax, and assume nothing further is required.
What is the FBAR deadline?
The FBAR is due April 15, with an automatic extension to October 15. It is filed electronically through FinCEN's BSA E-Filing system, not with your tax return.
What happens if I have missed FBARs?
Missed FBARs are common and there are established pathways — a delinquent FBAR submission where returns are otherwise current, or the Streamlined Foreign Offshore Procedures where past returns also need fixing. The right route depends on your facts and on whether the failure was non-willful. Atamatax provides preparation support; this is not legal advice, and for a case with any willfulness question you should get a professional opinion first.
Does a joint account with a non-US spouse count?
Generally yes. Your interest in a joint account is reportable, and the FBAR is generally filed on the full account value rather than your share. Whether a spouse can be included on a single filing depends on the accounts involved and how they are held.

Authorities cited

  • 31 U.S.C. §531431 U.S.C. §5314 — Statutory basis for the FBAR (foreign financial account reporting)
  • 31 CFR §1010.35031 CFR §1010.350 — FBAR (FinCEN Form 114) filing requirement and $10,000 threshold
  • FinCEN Form 114 (FBAR)Report of Foreign Bank and Financial Accounts (FBAR)
  • 31 U.S.C. §532131 U.S.C. §5321 — Civil penalties for FBAR violations (§5321(a)(5))
  • Bittner v. United States (2023)Bittner v. United States, 598 U.S. 85 (2023) — the non-willful FBAR penalty applies per report, not per account
  • IRS Form 8938About Form 8938 — Statement of Specified Foreign Financial Assets

Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.

Atamatax · FBAR

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