Report of Foreign Bank and Financial Accounts (FBAR)

In accordance with the Bank Secrecy Act, it is required to report certain foreign financial accounts annually to the Treasury Department and maintain records of those accounts. This can include bank accounts, brokerage accounts, and mutual funds. To report these accounts, individuals must file a Report of Foreign Bank and Financial Accounts (FBAR) using FinCEN Form 114 on the Financial Crimes Enforcement Network (FinCEN) platform.

The filing requirement applies to U.S. persons, which encompasses citizens, residents, corporations, partnerships, limited liability companies, trusts, and estates. Individuals must file an FBAR if they have a financial interest in, or authority over, at least one financial account located outside the United States, and if the total value of these foreign financial accounts exceeded $10,000 at any time during the reported calendar year.

Foreign financial accounts are generally accounts held at financial institutions outside the United States, regardless of whether they generate taxable income.

There are some exceptions to filing an FBAR, which include correspondent/nostro accounts, accounts owned by governmental entities or international financial institutions, accounts maintained on U.S. military banking facilities, individual retirement accounts (IRAs) where the individual is an owner or beneficiary, retirement plans where the individual is a participant or beneficiary, and accounts held within a trust where a U.S. person (trust, trustee, or agent of the trust) files an FBAR reporting these accounts.

Furthermore, there are scenarios where an FBAR is not required for the calendar year. This includes situations where all foreign financial accounts are reported on a consolidated FBAR, or when an individual jointly owns foreign financial accounts with their spouse and the spouse files a timely FBAR on behalf of both individuals with the proper authorization.

It's important to note that the income tax filing status, such as married-filing-jointly or married-filing-separately, does not impact eligibility for these exceptions.

For more detailed information, please refer to the provided FBAR resources.