Delinquent FBAR Submission Procedures

Dec 12, 2023

Welcome to a crucial discussion tailored for U.S. expatriates around the globe. As an American living abroad, you’re likely familiar with the myriad of tax obligations that follow you, no matter where you reside. Among these is the Foreign Bank and Financial Accounts Report (FBAR), a  reporting requirement that can sometimes slip through the cracks of your financial planning. If you’ve found yourself behind on this obligation, don’t worry – you’re not alone, and the situation is often rectifiable.

In this article, we’ll navigate the often misunderstood waters of delinquent FBAR submissions. Our goal is to provide you with a clear understanding of what FBAR is, why it’s important, and how you can address any lapses in filing. We understand that dealing with tax compliance can be daunting, especially from overseas. That’s why we’re here to guide you through this process with straightforward, helpful advice, steering clear of fear-inducing tactics. Let’s start by understanding what FBAR really means for U.S. expats.

What is FBAR?

FBAR stands for Foreign Bank and Financial Accounts Report. Formally known as FinCEN Form 114, it is a report filed electronically with the Financial Crimes Enforcement Network (FinCEN), an agency of the U.S. Treasury Department. The primary purpose of the FBAR is to inform the U.S. government of American citizens’ or residents’ financial interests in, or signature authority over, foreign financial accounts. This includes foreign bank accounts, brokerage accounts, mutual funds, trusts, investment accounts or other types of foreign financial accounts.

Criteria for Filing

As a U.S. expat, you are required to file an FBAR if:

  • You have a financial interest in, or signature authority over, one or more accounts located outside the United States, and
  • The aggregate value of all foreign financial accounts exceeds $10,000 at any time during the calendar year.

It’s important to note that the $10,000 threshold is cumulative across all your foreign accounts and not per account. Also, the requirement applies even if you reside abroad and regardless of whether you have any taxable income.

Understanding the FBAR requirement is the first step in ensuring your financial compliance as a U.S. expat. Remember, it’s not just about fulfilling a legal obligation – it’s about maintaining financial transparency and staying in good standing with the U.S. government while you enjoy your life abroad.

Consequences of Delinquent FBAR Submission

Understanding the potential consequences of a delinquent FBAR submission is crucial, but it doesn’t have to be a source of anxiety. The U.S. government can impose penalties for failing to file an FBAR, and these can vary based on whether the failure was non-willful or willful.

  • Non-Willful Penalties: If you didn’t file an FBAR due to a misunderstanding or mistake, the penalties are generally less severe. The IRS may impose a FBAR penalty of up to $10,000 for each year of non-compliance, but these penalties are often reduced or waived if you can show reasonable cause for the failure to file.
  • Willful Penalties: If the failure to file is found to be willful, the penalties are more significant. They can be as high as $100,000 or 50% of the balance in the unreported accounts, whichever is greater, for each year of violation.

It’s important to approach this information with a clear mind. While the penalties can seem daunting, remember that there are procedures in place to help you rectify delinquent filings, which we will discuss shortly.

Common Reasons for Delinquency

Many U.S. expats find themselves in a delinquent FBAR situation for a variety of reasons, most of which are non-willful. Common reasons include:

  • Lack of Awareness: Many expats are simply unaware of the FBAR filing requirement, especially if they are new to living abroad or have not had significant foreign financial assets until recently.
  • Misunderstanding the Requirements: Some expats might be aware of FBAR but misunderstand the criteria, such as the aggregate $10,000 threshold or what constitutes a reportable account.
  • Overlooked in Tax Planning: Often, expats focus on their income tax returns and inadvertently overlook the FBAR filing, especially if they are managing their taxes without professional assistance.

Recognizing the reason behind your delinquency is a key step in addressing the issue and moving forward.

Delinquent FBAR Submission Procedures

Delinquent FBAR Submission Procedures are a way to file delinquent Foreign Bank and Financial Accounts (FBAR) reports if you meet certain requirements. You need to include a statement explaining why you are filing late and report all your foreign financial accounts. You can file electronically or by mail with FinCEN. There are other options for delinquent FBAR filers, such as the Streamlined Filing Compliance Procedures or the IRS Voluntary Disclosure Program, depending on your situation and whether your failure to file was willful or not.

The requirements for Delinquent FBAR Submission Procedures are:

  • You have not already been contacted by the IRS about the delinquent FBARs;
  • You did not fail to report any income from the foreign financial accounts and do not owe any additional tax;
  • Your non-compliance with the FBAR filing requirement was an innocent oversight, stemming from a non-willful failure to file.

If you meet these requirements, you should file the delinquent FBARs according to the FBAR instructions, include a statement explaining why you are filing late, and file electronically at FinCEN.

Available Relief Programs for Delinquent FBAR and Tax Compliance

For U.S. expats grappling with delinquent returns and unreported income, the IRS offers a tailored solution: the Streamlined Filing Compliance Procedures. This amnesty program is particularly beneficial for those who don’t qualify for the standard delinquent FBAR submission due to the presence of unreported income. It’s designed to assist taxpayers, including foreign residents, who inadvertently failed to meet their reporting obligations.

The streamlined program caters to individuals with non-willful failure in reporting foreign income and financial assets. It allows for the submission of delinquent returns and unfiled FBARs without incurring harsh monetary penalties or civil penalties typically associated with late filing. This includes a reprieve from audit selection processes and civil examination, reducing the anxiety associated with potential federal tax return audits.

Participants must electronically file all overdue FBARs, detailing the aggregate balance of their foreign financial accounts. They must also submit delinquent federal tax returns, which include all previously unreported foreign income. This process helps rectify past non-compliance while significantly lowering the risk of facing severe penalties.

Preparing Your Delinquent FBAR Submission

If you’re ready to file your delinquent FBARs, here’s how to prepare:

  • Gather Financial Records: Compile all necessary financial records for each foreign account you held. This includes account numbers, bank names, and the highest balance of each account during the reporting period.
  • Complete the FBAR Form: Fill out FinCEN Form 114 for each year you missed. You can do this online through the BSA E-Filing System.
  • Write a Reasonable Cause Statement: If you’re filing under the reasonable cause criteria, prepare a detailed statement explaining why you failed to file on time. Be honest, clear, and concise.
  • Review Everything Carefully: Ensure all information is accurate and complete. Errors or omissions can lead to further complications.

Seeking Professional Assistance

While it’s possible to handle delinquent FBAR submissions on your own, seeking professional assistance can be invaluable, especially in complex situations. Here’s why:

  • Expertise in Tax Law: Tax professionals specializing in expat tax issues are well-versed in the nuances of FBAR requirements and can provide guidance tailored to your specific situation.
  • Navigating Relief Programs: Professionals can help determine the most appropriate relief program for your case and assist with the application process.
  • Peace of Mind: Having an expert handle your delinquent FBAR submissions can alleviate stress and reduce the risk of errors.

At 1040 Abroad, we understand the unique challenges faced by U.S. expats in managing their tax obligations. Our team is equipped to help you navigate the process of becoming compliant with your FBAR filings, ensuring that you’re well-informed and supported every step of the way.

Preventing Future Delinquency

Staying compliant with FBAR requirements doesn’t have to be overwhelming. Here are some best practices to ensure you remain on track:

  • Annual Reminders: Set annual reminders before the FBAR filing deadline, which is typically April 15, with an automatic extension to October 15.
  • Keep Accurate Records: Maintain detailed records of all foreign financial accounts, including account numbers, bank names, and maximum balances.
  • Stay Informed: Tax laws and filing requirements can change. Keep yourself updated, especially if there are significant changes in your financial situation.

By adopting these habits, you can significantly reduce the risk of future FBAR non-compliance.

The consequences of non-compliance, while potentially serious, are often mitigated by taking proactive measures. The IRS offers several amnesty programs to help you rectify past oversights without undue penalties, especially if your non-compliance was non-willful.

If you have any questions or need personalized assistance, don’t hesitate to reach out to us. We’re committed to helping you stay informed and compliant by offering free tax consultations via email. 

Written by

Kasia Strzelczyk, EA

A certified accountant and IRS enrolled agent with over 8 years of experience working with US expats. With a deep understanding of the unique financial challenges faced by expats, Kasia is dedicated to helping clients navigate complex tax laws and regulations.

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