How do I file a late FBAR?

Filing a late FBAR is straightforward from a mechanical standpoint — you use the same BSA E-Filing System that you would for timely filings. However, the approach you take and the context in which you file matters significantly for penalty exposure.

If you are simply filing a single late FBAR (perhaps you missed the deadline or recently discovered the requirement), you can file through the FinCEN BSA E-Filing website. Select the appropriate tax year, complete the form with your account information, and in the 'Reason for late filing' field, explain why the filing is late. Be honest and factual in your explanation.

For a more comprehensive approach to catching up on multiple years of missed FBARs, the IRS offers several formal programs. The Streamlined Filing Compliance Procedures require you to file the last 6 years of delinquent FBARs along with 3 years of tax returns. For qualifying taxpayers living abroad, all FBAR penalties are waived. This is the most favorable option for most expats.

Until recently the Delinquent FBAR Submission Procedures covered exactly this situation — returns filed and tax paid, but FBARs missed — and the IRS published an assurance that it would not impose penalties. On July 1, 2026 the IRS removed that page from its website without announcement or explanation, so that published assurance no longer exists. You can still file the late FBARs with a reason for filing late, and FBAR penalties have never been automatic — the statute says the IRS may impose one, and a penalty is normally only considered during an examination. What has changed is that the outcome now rests on the reasonable-cause explanation you provide rather than on a programme you can point to.

The Voluntary Disclosure Practice is appropriate for more serious situations involving willful non-compliance. This program offers protection from criminal prosecution in exchange for full disclosure and cooperation, but typically involves higher civil penalties.

We strongly advise against simply filing late FBARs without considering which program is most appropriate for your situation. The wrong approach could inadvertently increase your penalty exposure or waive rights you might otherwise have. A confidential consultation with a cross-border tax specialist can help you determine the safest path to compliance.