Tax News Highlights

2016 Extended FBAR Filing Deadline Approaching

Oct. 5, 2017

The extended deadline for the U.S. Department of Treasury Financial Crimes Enforcement Network (FinCEN) Form 114, “Report of Foreign Bank and Financial Accounts” (FBAR), is Oct. 16, 2017. Filers failing to meet the original April 18 due date were granted an automatic six-month extension through Oct. 16, 2017. However, certain individuals filing FBARs for 2011 through 2016 who have signature authority over but no financial interest in certain types of accounts and who have received extensions under prior notices have an extended due date of April 15, 2018. FinCEN has granted taxpayers affected by hurricanes Harvey, Irma, and Maria a filing extension through Jan. 31, 2018.

U.S. persons with a financial interest in or signature authority over foreign bank accounts must file an FBAR if both of the following apply:

  • The U.S. person had a financial interest in or signature authority over one or more financial accounts located outside of the United States. This includes employees, officers, or trustees with signature authority over foreign bank accounts.
  • The aggregate value of the foreign financial accounts that the U.S. person had a financial interest in or signature authority over exceeded $10,000 at any time during calendar year 2016.

U.S. persons are defined as U.S. citizens and residents; entities including, but not limited to, corporations, partnerships, or limited liability companies created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States.

Foreign financial accounts that were reported on Form 8938, “Statement of Specified Foreign Financial Assets,” with an individual income tax return also must be reported on FinCEN Form 114. Taxpayers filing FBARs also are reminded to check the foreign account box on Schedule B of Form 1040, even if they are only reporting signature authority.

All FBARs are required to be electronically filed with the FinCEN.

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John M. Kelleher
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