Compliance
FBAR Penalties: What Happens If You Don't File?
FBAR File Team·
FBAR Penalty Structure
FinCEN takes FBAR compliance seriously. The penalties are intentionally severe to encourage voluntary compliance.
Non-Willful Violations
If you didn't know about the filing requirement or made an honest mistake:
- Up to $16,536 per violation (adjusted annually for inflation)
- Each account for each year is a separate violation
- Example: 3 unreported accounts for 2 years = up to $99,216 in penalties
Willful Violations
If you knew about the requirement and intentionally didn't file:
- Up to $165,353 or 50% of the account balance at the time of the violation, whichever is greater
- Criminal penalties: up to $250,000 fine and 5 years imprisonment
- Can be combined with tax evasion charges
What Makes a Violation "Willful"?
Courts have found willfulness when taxpayers:
- Previously filed FBARs but stopped
- Failed to disclose accounts to their tax preparer
- Used foreign accounts to hide income
- Were informed of the requirement and still didn't file
How to Fix Past Non-Filing
If you have unfiled FBARs, there are several programs to come into compliance:
- Streamlined Filing Compliance Procedures (for non-willful taxpayers living abroad)
- Streamlined Domestic Offshore Procedures (for US-resident non-willful taxpayers)
- Voluntary Disclosure Practice (for willful violations — reduces criminal risk)
- Delinquent FBAR Submission Procedures (for those with reasonable cause)
Our Recommendation
If you have simple unreported accounts and are non-willful, file your delinquent FBARs as soon as possible. The IRS rarely penalizes taxpayers who come forward voluntarily with non-willful violations.
For complex situations, consult a tax attorney before filing.