By: Swathi Gandham
Certain US persons who hold foreign financial accounts must file the Report of Foreign Bank and Financial Accounts (FBAR) as part of their United States taxes each year. Penalties for failing to file FBAR correctly can be steep. It is critical to work with an experienced tax professional to understand whether you should file FBAR – and to complete it accurately.
The Internal Revenue Service (IRS) collects information from US people who have financial interests in or signature or other authority over financial accounts outside the United States.
A US person (including citizens, residents, corporations, partnerships, LLCs, trusts, and estates) must file an FBAR report if:
If you meet the above criteria, you may not have to file FBAR. To avoid filing FBAR, you must meet the following conditions:
FBAR is an annual report due on April 15 of the following calendar year. There is also an automatic extension to October 15 if you fail to file meet the FBAR due date. You do not need to request this extension.
FBAR must be filed electronically through Financial Crimes Enforcement Network’s (FinCEN) BSA (Bank Secrecy Act) e-filing system directly, or you can approach your Chugh CPAs, LLP professional for assistance. You don’t need to file FBAR with your annual federal tax return, but it may be easier.
For each account that you report on FBAR, you must keep the following information for at least five years from your FBAR’s due date:
You may be subject to civil monetary penalties and/or criminal penalties if you don’t file FBAR or correctly maintain records. Penalties depend on whether the violations were willful or non-willful. These penalties can include:
Assessment of penalties depends on facts and circumstances.
What penalties will you face if you do not file an FBAR correctly? It depends on whether you correctly reported FBAR income on your federal income tax returns.
The IRS will not impose a penalty for failing to file delinquent FBARs if you:
Delinquent FBARs can be submitted using streamlined filing compliance procedures when certain conditions are met. Under these procedures, taxpayers are required to file three years of amended tax returns and six years of delinquent FBARs. No miscellaneous penalty is applied to eligible nonresident taxpayers, while resident taxpayers pay a 5% miscellaneous penalty.
At Chugh CPAs, LLP, we prepare accurate FBAR reports for taxpayers with different categories of financials assets outside the United States.
The right accountant can add significant value to your tax filing requirements. Our Chugh CPAs, LLP professionals are personable, thorough, and entrepreneurial. Contact us today to schedule a consultation.
© 2024 Chugh LLP Affiliate Network. All Rights Reserved