Attention Foreign Financial Account holders: You have until April 18^th (with an automatic October 16^th extension) to submit your 2022 Foreign Bank Accounts Report (FBAR) to the Department of Treasury.

Who must file?

As a reminder, U.S. citizens, green card holders, and U.S. tax residents are required to file the FBAR if:

• They have financial interest in or signature authority over at least one financial account located outside the United States;

• They have financial foreign accounts with an aggregate value which exceeds $10,000 at any time during the calendar year. For example, if you have Bank account A with a value of $4,000 and Bank account B with a value of $7,000 you triggered the filing threshold.

• It is possible to not have an income tax return filing requirement but still have to file the FBAR.

Filing Instructions

If you have met the filing thresholds for the FBAR (FinCEN 114) you will need to electronically file the FBAR by the due date.

Is an extension needed like the income tax return?

You do not need to specifically file for or request an extension as the Financial Crimes Enforcement Network (FinCEN) grants filers failing to meet the April 18^th due date with an automatic extension to October 16^th this year.

If you fail to file, remember that you are subject to either a civil penalty of up to $10,000 for each negligent violation (non-willful violation), or a civil penalty of up to $100,000 or 50% of the balance of the account at the time of the purposeful violation (willful violation). Criminal penalties can arise as well for willful violations.

On February 28, 2023 the Supreme Court clarified that the $10,000 fine for non-willful violations is assessed per report, not per account, which was previously unclear. Check out our blog, U.S. Supreme Court Clarifies Fines for FBAR Filing Penalties for the details.

Questions? Contact any member of our International Tax Services Practice.