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FBAR DEADLINE IS UPON US

June 22, 2016

By Ephraim Moss, Esq. & Joshua Ashman, CPA

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THIS YEAR’S FBAR DEADLINE IS UPON US

The IRS has just issued a reminder to taxpayers that the FBAR filing deadline of June 30th is fast approaching.  Unlike other tax forms, extensions of time to file the FBAR are not allowed, so June 30th remains a hard deadline.

WHAT IS THE FBAR?

The Bank Secrecy Act (BSA) gives the Department of Treasury the authority to collect information from United States persons, including expats, who have financial interests in or signature authority over financial accounts maintained with financial institutions located outside of the United States.

The BSA requires that a FinCEN Report 114, Report of Foreign Bank and Financial Accounts (FBAR), be filed if the maximum values of the foreign financial accounts exceed $10,000 in the aggregate at any time during the calendar year.

HOW IS THE FBAR FILED?

The FBAR form (FinCEN Form 114) must be filed electronically using the BSA E-Filing System maintained by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”).

In its reminder, the IRS remarked that in 2015, FinCEN received a record high 1,163,229 FBARs, up more than 8 percent from the prior year.  FBAR filings have grown on average by 17 percent per year during the last five years, according to FinCEN data.

MOVING FORWARD

While this year’s hard FBAR deadline is June 30th, it should be noted that for tax years 2016 (i.e., next year’s filing season) and onwards, the FBAR due date will be moved to April 15th, but with a maximum extension of 6 months.

If you are a citizen living abroad and have an FBAR requirement, it is important that you file accurately and on time – penalties for non-compliance can be severe.  At Expat Tax Professionals, we’ve helped numerous expat clients with their U.S. tax returns and FBAR filings and are here to help you.

In the case that you do end up missing this year’s deadline or have missed prior-year deadlines, you do have options for coming into compliance.  We’ve helped many clients with overdue FBARs come into compliance with little to no penalties.  When it comes to filing the FBAR, your best bet is enlisting the help of an Expat Tax Professional.

More from our experts:

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In this week’s blog, we review the D.C. Circuits Court’s reversal of the Farhy decision, a surprising case from last year holding that the IRS lacks the statutory authority to assess certain international return penalties.

US EXPAT TAXATION OF ALIMONY PAYMENTS

In this week’s blog, we review the U.S. tax rules relating to the payment of alimony, both from a domestic law and a treaty law perspective.

CASE REVIEW – COURT CONSIDERS IF TREATY NONRESIDENT HAS FBAR REQUIREMENT

The U.S. District Court for the Southern District of California tackled the issue of whether a taxpayer is required to file an FBAR if he has the status of a non-US tax resident by virtue of the tie-breaker provisions of a tax treaty.

CORPORATE RESTRUCTURING – A TRAP FOR THE UNWARY EXPAT

In this week’s blog, we focus on corporate restructurings, which are ripe for misunderstanding and complacency, given that the foreign company rules in the US and in your country of residence can be significantly at odds.

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