Compare FATCA and FBAR
What are the differences between FBAR and FATCA reporting requirements
The United States Foreign Accounts Tax Compliance Act (FATCA) and Foreign Bank Account Report (FBAR) are two methods adopted by the
US government in an effort to perhaps combat tax evasion by hiding assets/income abroad.
Differences between FATCA & FBAR
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has
been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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FBAR
FATCA
Who must file
US taxpayers such as for example US
citizens, green card holders etc. who have an
interest in foreign financial accounts and
meet the reporting threshold.
US taxpayers such as for example US
citizens, green card holders etc. who have an
interest in specific foreign financial assets
and meet the reporting threshold.
Reporting Thresholds
Value of your assets is $200,000 on the last
day of the tax year or more than $300,000 at
any time during the year if filing single. Or If
married and filing jointly then, Value of your
assets is more than $400,000 on the last day
of the tax year or more than $600,000 at any
time during the year.
Lower thresholds apply for US residents.
$50,000 on the last day of the tax year or
$75,000 at any time during the tax year.
$10,000 or more at any time during the
calendar year, you must file FBAR. The
amount of $10,000 is an aggregate balance
of adding all your accounts if you hold more
than one foreign account.
How Filed
FBARs are now filed electronically on the
BSA E-Filing System via FinCEN Form 114.
Form 8938, Statement of Specified Foreign
Financial Assets. Form 8938 is filed right
along with your US tax return.
Due date
Due by the date tax returns are due
Received by June 30, of the tax year
Penalties
If IRS determines the failure to file is non-
willful, up to $10,000 per violation. However,
if it is determined that your failure to file
was willful, the penalties are up to the
greater of $100,000 or 50 percent of account
balances.
Penalties for failing to file are up to $10,000
for each failure to disclose and an additional
$10,000 for each 30 days of non-filing after
receipt of an IRS notification to do so. The
maximum penalty is $60,000, however
criminal penalties are also possible
depending on how IRS views the case.
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