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International tax · FinCEN Form 114

FBAR filing: report foreign accounts correctly, and fix missed years safely.

If the combined balance of your foreign accounts exceeded $10,000 at any time during the year, you generally must file an FBAR. We prepare current FBARs, review prior years, and choose the safest way to come into compliance.

Forms & standards
31 U.S.C. § 531431 C.F.R. § 1010.350FinCEN Form 11431 U.S.C. § 5321Bittner v. United States (2023)Streamlined procedures

Serving United States, Virginia, Washington, DC, Maryland.

What we handle

Who must file and when

A US person, including citizens, green card holders and most residents on visas, must file FinCEN Form 114 if the aggregate maximum value of foreign financial accounts exceeded $10,000 at any time in the calendar year. Bank accounts, NRE and NRO accounts, fixed deposits, brokerage accounts, mutual funds, some pension and insurance accounts, and accounts you only have signature authority over can all count.

The FBAR is filed electronically with FinCEN, separately from the tax return. It is due April 15, with an automatic extension to October 15. Foreign income from these accounts must also be reported on the tax return, and larger balances may require Form 8938 as well.

Speak with an advisor
  • Current-year FBARsAccount inventory, maximum value calculations and electronic filing with FinCEN.
  • Prior-year reviewFinding missed accounts and years before the IRS does.
  • Delinquent FBAR proceduresFiling late FBARs with an explanation when all income was reported.
  • Streamlined filingsDomestic and foreign Streamlined procedures when income was also missed.
  • Form 8938 coordinationReporting the same assets correctly on both forms.
  • Penalty defenseRepresentation when the IRS proposes FBAR penalties.

Where we help

Penalties and court decisions

2023

Bittner v. United States, 598 U.S. 85

The Supreme Court held that the non-willful FBAR penalty applies per report, not per account, which sharply limits non-willful penalties.

2020

United States v. Horowitz, 978 F.3d 80 (4th Cir.)

A couple's failure to report Swiss accounts was found willful, including reckless disregard, and penalties up to 50% of the balance were upheld.

Statute

31 U.S.C. § 5321(a)(5)

Willful violations can cost the greater of an inflation-adjusted amount or 50% of the account balance per year.

Lesson

Fix it before the IRS asks

Voluntary compliance programs are far cheaper than penalties assessed after contact.

Our approach

How the engagement runs.

Review

A senior advisor reviews your facts and documents.

Plan

Scope, fees and timeline in an engagement letter.

File

Returns, elections and forms prepared and reviewed.

Support

IRS contact and planning all year.

Questions

Frequently asked

If your question isn't here, call (703) 880-8412 and you'll reach a person.

Do I need to file an FBAR for my NRE and NRO accounts in India?

Yes, if the combined maximum value of all your foreign accounts exceeded $10,000 at any point in the year. NRE accounts count even though interest on them is tax-free in India; that interest is taxable in the US.

What if I never filed FBARs?

If all income was reported, the delinquent FBAR procedures may let you file late with no penalty. If income was missed, the Streamlined procedures are often the best path. Which one fits depends on your facts.

Is the FBAR filed with my tax return?

No. It is filed electronically with FinCEN. Your tax return separately asks whether you have foreign accounts.

How are account values converted to dollars?

Use the maximum value during the year, converted at the Treasury year-end exchange rate.

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