FBAR File
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.