Form 8938, Statement of Specified Foreign
Financial Assets
|
Form TD F 90-22.1, Report of Foreign Bank and
Financial Accounts (FBAR)
|
|
Who Must File?
|
Specified individuals, which include U.S
citizens, resident aliens, and certain non-resident aliens that have an
interest in specified foreign financial assets and meet the reporting
threshold
|
U.S. persons, which include U.S. citizens,
resident aliens, trusts, estates, and domestic entities that have an interest
in foreign financial accounts and meet the reporting threshold
|
Does the United States include U.S.
territories?
|
No
|
Yes, resident aliens of U.S territories and
U.S. territory entities are subject to FBAR reporting
|
Reporting Threshold (Total Value of Assets)
|
$10,000 at any time during the calendar year
|
|
When do you have an interest in an account or
asset?
|
If any income, gains, losses, deductions,
credits, gross proceeds, or distributions from holding or disposing of the
account or asset are or would be required to be reported, included, or
otherwise reflected on your income tax return
|
Financial interest: you are the owner of
record or holder of legal title; the owner of record or holder of legal title
is your agent or representative; you have a sufficient interest in the entity
that is the owner of record or holder of legal title.
Signature authority: you have authority to
control the disposition of the assets in the account by direct communication
with the financial institution maintaining the account.
See instructions for further details.
|
What is Reported?
|
Maximum value of specified foreign financial
assets, which include financial accounts with foreign financial institutions
and certain other foreign non-account investment assets
|
Maximum value of financial accounts maintained
by a financial institution physically located in a foreign country
|
How are maximum account or asset values
determined and reported?
|
Fair market value in U.S. dollars in accord
with the Form 8938 instructions for each account and asset reported
Convert to U.S. dollars using the end of the
taxable year exchange rate and report in U.S. dollars.
|
Use periodic account statements to determine
the maximum value in the currency of the account.
Convert to U.S. dollars using the end of the
calendar year exchange rate and report in U.S. dollars.
|
When Due?
|
By due date, including extension, if any, for
income tax return
|
Received by June 30 (no extensions of time
granted)
|
Where to File?
|
File with income tax return pursuant to
instructions for filing the return
|
Mail to:
Department of the Treasury
Post Office Box 32621 Detroit, MI 48232-0621
For express mail to:
IRS Enterprise Computing Center
ATTN: CTR Operations Mailroom, 4th Floor 985 Michigan Avenue Detroit, MI 48226
Certain individuals may file electronically at
BSA E-Filing System
|
Penalties
|
Up to $10,000 for failure to disclose and an
additional $10,000 for each 30 days of non-filing after IRS notice of a
failure to disclose, for a potential maximum penalty of $60,000; criminal
penalties may also apply
|
If non-willful, up to $10,000; if willful, up
to the greater of $100,000 or 50 percent of account balances; criminal
penalties may also apply
|
Types of Foreign Assets and Whether They are
Reportable
|
||
Financial (deposit and custodial) accounts
held at foreign financial institutions
|
Yes
|
Yes
|
Financial account held at a foreign branch of
a U.S. financial institution
|
No
|
Yes
|
Financial account held at a U.S. branch of a
foreign financial institution
|
No
|
No
|
Foreign financial account for which you have
signature authority
|
No, unless you otherwise have an interest in
the account as described above
|
Yes, subject to exceptions
|
Foreign stock or securities held in a
financial account at a foreign financial institution
|
The account itself is subject to reporting,
but the contents of the account do not have to be separately reported
|
The account itself is subject to reporting,
but the contents of the account do not have to be separately reported
|
Foreign stock or securities not held in a
financial account
|
Yes
|
No
|
Foreign partnership interests
|
Yes
|
No
|
Indirect interests in foreign financial assets
through an entity
|
No
|
Yes, if sufficient ownership or beneficial
interest (i.e., a greater than 50 percent interest) in the entity. See
instructions for further detail.
|
Foreign mutual funds
|
Yes
|
Yes
|
Domestic mutual fund investing in foreign
stocks and securities
|
No
|
No
|
Foreign accounts and foreign non-account
investment assets held by foreign or domestic grantor trust for which you are
the grantor
|
Yes, as to both foreign accounts and foreign
non-account investment assets
|
Yes, as to foreign accounts
|
Foreign-issued life insurance or annuity
contract with a cash-value
|
Yes
|
Yes
|
Foreign hedge funds and foreign private equity
funds
|
Yes
|
No
|
Foreign real estate held directly
|
No
|
No
|
Foreign real estate held through a foreign
entity
|
No, but the foreign entity itself is a
specified foreign financial asset and its maximum value includes the value of
the real estate
|
No
|
Foreign currency held directly
|
No
|
No
|
Precious Metals held directly
|
No
|
No
|
Personal property, held directly, such as art,
antiques, jewelry, cars and other collectibles
|
No
|
No
|
‘Social Security’- type program benefits
provided by a foreign government
|
No
|
No
|
Source: http://www.irs.gov/Businesses/Comparison-of-Form-8938-and-FBAR-Requirements