The FBAR (Foreign Bank Account Report) is a form that United States residents must file with the Financial Crimes Enforcement Network (FinCEN) if they have a financial interest in, or signature authority over, foreign financial accounts whose aggregate value exceeds $10,000 at any point during the calendar year. The FBAR is separate from and in addition to the individual's income tax return.
The FBAR must be filed electronically through the FinCEN's BSA E-Filing System and is due by April 15th of each year, with an automatic extension to October 15th. Failure to file the FBAR can result in significant fines and penalties, including civil fines of up to $10,000 per violation and criminal penalties of up to $250,000 and five years in prison.
It's important to note that the FBAR filing requirement applies to all United States residents, including U.S. citizens, permanent residents (green card holders), and individuals who meet the substantial presence test. It also applies to foreign corporations and partnerships that are created or organized in the United States or that have a U.S. owner.
Additionally, there are other forms that may need to be filed for foreign assets such as the Form 8938 (Statement of Specified Foreign Financial Assets) which is filed with the individual's tax return, the form 5471 (Information Return of U.S. Persons With Respect To Certain Foreign Corporations) and the form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts).
It is highly recommended to consult with a tax professional who has experience with foreign financial reporting requirements to ensure compliance with all the applicable laws and regulations.
Moving to a new country like United States as a Non-Resident Indian (NRI) can be both exciting and challenging. While you may be eager to explore new opportunities, it's essential to be prepared and aware of the dos and don'ts of being an NRI. In this article, we will provide a comprehensive guide to help you navigate your transition to a new country as an NRI.
Dos for New NRIs:
Don'ts for New NRIs:
Other tips for New NRIs:
Sanjiv Gupta CPA Firm is the top choice for Non-Resident Indians residing in the United States or abroad. You can come to meet with us personally in one of the three offices in the bay area or set up a phone/zoom consultation appointment anywhere in the world. Our office can help you set up a new business in the US and take care of all the tax, accounting, and payroll needs.