Do I need to file both FBAR and Form 8938?

In most cases, yes. If your foreign financial accounts exceeded $10,000 in aggregate at any point during the year, you must file the FBAR regardless of whether you also need to file Form 8938. If your total foreign financial assets also exceed the FATCA thresholds ($200,000 single abroad, $400,000 married abroad), you must file Form 8938 as well. The two forms go to different agencies (FinCEN vs IRS), cover different asset ranges, and have different thresholds. Filing one does not satisfy the other. According to IRS data, approximately 1.5 million FBARs are filed annually, while Form 8938 filings are significantly lower due to the higher thresholds — but most expats with meaningful foreign accounts meet both thresholds.

What happens if I didn't know I needed to file FBAR or Form 8938?

If your failure to file was non-willful (you genuinely didn't know about the requirement), you may qualify for the IRS Streamlined Filing Compliance Procedures. For US expats living abroad, the Streamlined Foreign Offshore Procedures (SFOP) allow you to catch up by filing 3 years of amended tax returns and 6 years of FBARs with ZERO penalty. For US residents, the Streamlined Domestic Offshore Procedures (SDOP) carry a 5% miscellaneous offshore penalty on the highest aggregate account balance. Both programs require a certification of non-willfulness under penalty of perjury. This is the most common path for expats who discover they've been non-compliant — Zenith Financial has helped dozens of clients through this process.

What foreign accounts need to be reported on the FBAR?

The FBAR requires reporting of all foreign financial accounts in which you have a financial interest or signature authority, including: bank accounts (checking, savings, fixed deposits), securities and brokerage accounts, mutual fund accounts, accounts with foreign financial institutions that accept deposits, debit card accounts with foreign institutions, and any other account maintained with a foreign financial institution. It also includes accounts you don't own but have signature authority over — for example, if you're a signatory on your employer's foreign bank account. Accounts held through foreign trusts, foreign retirement accounts (like Canadian RRSPs and TFSAs), and foreign pension accounts are also generally reportable. The $10,000 threshold is based on the aggregate maximum value of ALL foreign accounts at ANY point during the year — even if the balance was above $10,000 for only one day.

What additional assets does FATCA (Form 8938) cover that the FBAR doesn't?

Form 8938 covers all the accounts reported on the FBAR PLUS a broader category of 'specified foreign financial assets' that includes: foreign stocks and securities not held in a financial account (e.g., shares in a foreign company held in certificate form), interests in foreign entities (partnerships, LLCs, corporations — reported if you hold them for investment), foreign-issued life insurance or annuity contracts with a cash value, foreign hedge fund and private equity fund interests, foreign financial instruments and contracts held for investment, and interests in foreign trusts and estates. For example, if you own shares in a Canadian company directly (not through a brokerage account), those shares must be reported on Form 8938 but not on the FBAR. If those same shares were held in a Canadian brokerage account, both the FBAR and Form 8938 would require reporting.

How are FBAR penalties calculated — can you give a specific example?

Here is a concrete example of how FBAR penalties escalate. Scenario: You have a Canadian bank account with a maximum balance of $150,000 during 2023, 2024, and 2025, and you failed to file FBARs for all three years. Non-willful penalties: The IRS can assess up to $16,536 per violation (2026 amount, adjusted annually). Each unfiled FBAR year is a separate violation: 3 years x $16,536 = $49,608 in potential non-willful penalties. Willful penalties: If the IRS determines your failure was willful, the penalty jumps to the greater of $165,353 or 50% of the account balance at the time of the violation. On a $150,000 account, 50% = $75,000 per year. Over 3 years, that is $225,000 — plus criminal exposure. In practice, the IRS has discretion in how it applies FBAR penalties, and non-willful penalties are often negotiated lower. But the statutory maximums illustrate why compliance is critical.

Does my Canadian RRSP or TFSA need to be reported on the FBAR?

Yes. Canadian RRSPs, TFSAs, RESPs, LIRAs, RRIFs, and other registered accounts held at Canadian financial institutions are foreign financial accounts for FBAR purposes. They count toward the $10,000 aggregate threshold and must be reported individually on the FBAR if the threshold is met. For Form 8938 (FATCA), these accounts are also reportable as specified foreign financial assets if you meet the higher FATCA thresholds. Additionally, under the Canada-US Tax Treaty, you may need to make a treaty election on your US return to defer US taxation on income accruing inside your RRSP — this is a separate issue from the reporting requirements. TFSAs have no treaty protection and are fully taxable for US purposes each year, which catches many Canadians with US filing obligations off guard.

What is the FBAR filing deadline and can I get an extension?

The FBAR is due April 15, the same date as your federal tax return. However, there is an automatic extension to October 15 — you do not need to file any paperwork to get this extension, it is applied automatically. This is different from your tax return, where you must file Form 4868 to request an extension. If you miss the October 15 deadline, there is no further extension available, and you should file as soon as possible to mitigate potential penalties. The FBAR is a calendar-year filing covering January 1 through December 31. You file the 2025 FBAR (for accounts held during calendar year 2025) by April 15, 2026, or automatically by October 15, 2026.

I only had signature authority over a foreign account — do I still need to file FBAR?

Yes. The FBAR requires reporting by any US person who has a financial interest in OR signature authority (or other authority) over foreign financial accounts. Signature authority means you have the authority to control the disposition of assets in the account by direct communication with the financial institution. Common examples include: signing on a company's foreign bank account as an officer or employee, having power of attorney over a parent's or relative's foreign account, being an authorized signatory on a nonprofit's foreign account, and managing a foreign trust's bank account. Even if you have no ownership interest and derive no personal benefit, the signature authority alone triggers the FBAR filing requirement. The account's balance counts toward the $10,000 aggregate threshold along with any accounts you personally own.

Can the IRS find out about my foreign accounts if I don't file?

Yes — and this is increasingly certain. Under FATCA's institutional reporting requirements, over 110 countries have signed Intergovernmental Agreements (IGAs) with the US. Foreign financial institutions in these countries — including Canada, the UK, Germany, Australia, Japan, and virtually every major financial center — are required to report accounts held by US persons directly to the IRS or to their local tax authority, which then shares the data with the IRS. This means the IRS receives automatic electronic reports of your account balances, interest, dividends, and other income from foreign banks worldwide. The IRS uses this data to cross-reference against filed FBARs and Forms 8938. Non-filers are increasingly being identified and contacted. Voluntary compliance through the Streamlined Procedures is far better than waiting to be caught — once the IRS contacts you, the Streamlined Procedures are generally no longer available.

All Comparisons

Comparison Guide

FBAR vs FATCA

Understanding Your Foreign Account Reporting Requirements

FBAR (FinCEN Form 114)Option A

The FBAR — Report of Foreign Bank and Financial Accounts — is a disclosure form filed with the Financial Crimes Enforcement Network (FinCEN), a bureau of the US Treasury Department. It is NOT filed with the IRS. The FBAR exists because of the Bank Secrecy Act of 1970 (BSA), which was designed to combat money laundering and tax evasion through offshore accounts. Any US person (citizen, resident, green card holder, or entity) who has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of ALL foreign accounts exceeded $10,000 at any point during the calendar year. This is a per-person threshold, not per-account — if you have three accounts with balances of $4,000, $3,500, and $3,000, you must file because the aggregate ($10,500) exceeds $10,000. The FBAR covers bank accounts, brokerage accounts, mutual funds, and any other account maintained with a foreign financial institution. It also covers accounts where you have signature authority even if you don't own the account — for example, a corporate account you can sign on. The FBAR is filed electronically through the BSA E-Filing System (bsaefiling.fincen.treas.gov), completely separate from your tax return. You do not need to be filing a tax return to have an FBAR obligation.

Advantages

Lower reporting threshold ($10,000 aggregate) catches more accounts — provides broader compliance coverage
Filed electronically through FinCEN BSA E-Filing system — free to file, no cost
Automatic extension to October 15 — no need to request an extension separately
Separate from your tax return — can be filed even if you haven't filed your 1040 yet
No additional forms needed on your tax return (unlike Form 8938)
Covers accounts where you have signature authority, not just ownership

Disadvantages

Severe penalties for non-compliance: $16,536 per violation for non-willful failure (2026, adjusted annually for inflation)
Willful violations: penalty is the greater of $165,353 or 50% of account balance at time of violation
Criminal penalties possible for willful violations: up to $500,000 fine and 10 years imprisonment
Must report accounts even if they produce no income
No de minimis exception — if aggregate exceeds $10,000 by even $1, full reporting required
Each year of non-filing is a separate violation — penalties compound across years

Best For

• Any US person with foreign financial accounts exceeding $10,000 aggregate at any point in the year
• Expats with everyday checking/savings accounts in their country of residence
• US citizens with signature authority over foreign corporate or business accounts
• Green card holders who maintained accounts in their home country
• Anyone with foreign brokerage, investment, or mutual fund accounts

Typical Cost: Free to file (BSA E-Filing system)

FATCA (Form 8938 — Statement of Specified Foreign Financial Assets)Option B

FATCA — the Foreign Account Tax Compliance Act — was enacted in 2010 as part of the HIRE Act and requires US taxpayers to report specified foreign financial assets to the IRS on Form 8938, which is filed as an attachment to your annual tax return (Form 1040). Unlike the FBAR, which goes to FinCEN, Form 8938 goes directly to the IRS. FATCA has significantly higher thresholds than the FBAR: for US taxpayers living abroad, the filing threshold is $200,000 on the last day of the year or $300,000 at any time during the year (single); for married filing jointly abroad, it is $400,000 on the last day or $600,000 at any time. For taxpayers living in the US, the thresholds are much lower: $50,000 on the last day or $75,000 at any time (single); $100,000/$150,000 (married filing jointly). FATCA covers a broader range of assets than the FBAR: in addition to foreign bank and financial accounts, Form 8938 requires reporting of foreign stocks and securities not held in a financial account, foreign partnership interests, foreign mutual funds, foreign hedge funds, foreign private equity, foreign-issued life insurance or annuity contracts with cash value, and any other foreign financial instrument or contract held for investment. FATCA also has an institutional reporting component: foreign financial institutions (FFIs) worldwide are required to report accounts held by US persons directly to the IRS under intergovernmental agreements (IGAs). This means the IRS already receives data about your accounts from foreign banks — Form 8938 is your obligation to self-report the same information.

Advantages

Higher thresholds mean fewer taxpayers are required to file (compared to FBAR)
Filed with your tax return — one integrated process with your 1040
Covers broader range of assets: foreign stocks, partnership interests, life insurance, annuities, hedge funds
Institutional FATCA reporting means the IRS cross-references your filing against bank-reported data
Can use to report assets not covered by FBAR (e.g., foreign stocks held directly, partnership interests)

Disadvantages

Penalty for failure to file: $10,000 per year, plus additional $10,000 for each 30-day period of non-filing after IRS notice (up to $60,000 maximum additional penalty)
Total potential penalty: $10,000 + $60,000 = $70,000 per year for continued non-filing
Criminal penalties: up to $250,000 fine and 5 years imprisonment for willful failure
40% accuracy-related penalty on underpayments attributable to undisclosed foreign financial assets
Extends the statute of limitations: if you fail to report assets on Form 8938, the IRS can assess tax for the entire return for 6 years (instead of the normal 3 years)
More complex to determine what qualifies as a 'specified foreign financial asset'
Cannot file Form 8938 if you don't file a tax return — it's an attachment to Form 1040

Best For

• US taxpayers abroad with foreign assets exceeding $200,000 (single) or $400,000 (married)
• Those with foreign stocks, bonds, partnership interests, or hedge fund investments
• Expats with foreign-issued life insurance or annuity contracts
• US-based taxpayers with foreign assets exceeding $50,000 (single) or $100,000 (married)
• Anyone with foreign financial instruments or contracts held for investment

Typical Cost: Included with tax return preparation (no separate filing fee)

Quick Comparison

Factor	FBAR (FinCEN Form 114)	FATCA (Form 8938 — Statement of Specified Foreign Financial Assets)
Regulatory Authority	FinCEN (Financial Crimes Enforcement Network, US Treasury)	IRS (Internal Revenue Service)
Legal Basis	Bank Secrecy Act (1970)	Foreign Account Tax Compliance Act (2010)
Form Number	FinCEN Form 114	IRS Form 8938
Filing Method	BSA E-Filing System (bsaefiling.fincen.treas.gov) — separate from tax return	Attached to your Form 1040 — filed with your tax return
Threshold (Living Abroad, Single)	$10,000 aggregate across all accounts at any time	$200,000 on last day of year OR $300,000 at any time
Threshold (Living Abroad, Married Filing Jointly)	$10,000 aggregate (same as single — no higher threshold for married)	$400,000 on last day of year OR $600,000 at any time
Threshold (Living in the US, Single)	$10,000 aggregate (same regardless of where you live)	$50,000 on last day of year OR $75,000 at any time
Threshold (Living in the US, Married Filing Jointly)	$10,000 aggregate	$100,000 on last day of year OR $150,000 at any time
What's Reportable	Foreign financial ACCOUNTS: bank accounts, securities accounts, brokerage accounts, mutual funds, accounts with signature authority	Foreign financial ASSETS (broader): all FBAR accounts PLUS foreign stocks/securities not in accounts, foreign partnership interests, foreign hedge funds, foreign-issued life insurance/annuities, foreign financial instruments
Who Must File	US persons: citizens, residents, green card holders, and certain entities with foreign accounts	US taxpayers who file a Form 1040 and meet the asset thresholds
Deadline	April 15, with automatic extension to October 15 (no request needed)	Same as your tax return deadline (April 15 or automatic 2-month extension for expats to June 15, with possible extension to October 15)
Penalty — Non-Willful Failure to File	Up to $16,536 per violation (2026, inflation-adjusted annually)	$10,000 per year + $10,000 for each 30-day period of non-compliance after IRS notice (up to $60,000 additional)
Penalty — Willful Failure to File	Greater of $165,353 or 50% of account balance at time of violation	$10,000 per year + criminal penalties: up to $250,000 fine and 5 years imprisonment
Criminal Penalties	Up to $500,000 fine and 10 years imprisonment for willful violations	Up to $250,000 fine and 5 years imprisonment for willful violations
Statute of Limitations Impact	6 years from the due date of the FBAR	Extends the statute of limitations on your ENTIRE tax return to 6 years (from normal 3 years) if you fail to file

Our Verdict

Most US expats must file BOTH the FBAR and Form 8938 — they are not alternatives but complementary requirements with different thresholds, different agencies, and different asset coverage. The FBAR has a lower threshold ($10,000 aggregate) and covers foreign financial accounts. Form 8938 has a higher threshold ($200,000/$400,000 abroad) but covers a broader range of foreign financial assets including stocks, partnership interests, and insurance contracts. If you have foreign bank accounts worth more than $10,000, you almost certainly need the FBAR. If your total foreign financial assets also exceed the FATCA thresholds, you need Form 8938 too. Filing one does NOT satisfy the other — they go to different agencies (FinCEN vs IRS) and cover different (though overlapping) assets. The most dangerous mistake is assuming FBAR and FATCA are the same thing and filing only one.

Choose FBAR (FinCEN Form 114) if:

File the FBAR (FinCEN 114) if your foreign financial accounts exceeded $10,000 in aggregate at any point during the year. This is the lower bar — most expats with any foreign bank account will meet this threshold.

Choose FATCA (Form 8938 — Statement of Specified Foreign Financial Assets) if:

File Form 8938 (FATCA) in addition to the FBAR if your specified foreign financial assets exceed $200,000 on the last day of the year or $300,000 at any time (single, living abroad). Married abroad: $400,000/$600,000. Living in the US: $50,000/$75,000 (single) or $100,000/$150,000 (married).

Frequently Asked Questions

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