Key Takeaways

If the combined balance of your foreign financial accounts exceeded $10,000 at any point in the year, you must file FBAR (FinCEN 114). Penalties for missing it start at $10,000 per account per year — but voluntary disclosure paths exist if you've fallen behind.

Many of our clients — especially those with family overseas or who moved to the U.S. as students or workers — have foreign bank accounts they opened years ago. Most don't realize those accounts trigger a U.S. reporting requirement even if they generate no income.

Who has to file FBAR?

You must file if all three apply:

  1. You're a "U.S. person" — citizen, green card holder, or resident alien under the substantial presence test
  2. You have a financial interest in, or signature authority over, one or more foreign financial accounts
  3. The combined maximum value of those accounts exceeded $10,000 at any point during the calendar year

The $10K threshold is combined across all accounts, not per account. If you had $4,000 in one account and $7,000 in another, you're over.

What counts as a "foreign financial account"?

Signature authority counts, even without ownership

A common surprise: if you have signature authority on a parent's or employer's account — say, you can sign checks on your mother's account in China — you have a reporting obligation even if the money isn't yours.

FBAR vs. Form 8938 — they're different

These are often confused. You might need to file both:

FBAR (FinCEN 114) Form 8938 (FATCA)
Filed with FinCEN (separately) IRS (with 1040)
Threshold (single, U.S. resident) $10K any day of year $50K year-end / $75K any day
Threshold (married, U.S. resident) $10K combined $100K year-end / $150K any day
Covers signature authority? Yes No (ownership only)
Covers foreign real estate? No No (direct real estate excluded)

Deadlines

Penalties for missing it

I've missed past FBARs — what now?

Don't panic, and don't quietly backfile (the IRS calls that a "quiet disclosure" and treats it as willful). There are proper programs:

The best time to catch up on FBARs was five years ago. The second best is before the IRS sends you a letter.

Common scenarios we see

FBAR work is a significant part of our practice — especially for our Chinese-American clients. If you haven't been filing, or you're not sure you need to, contact us confidentially and we'll assess where you stand.