FBAR Penalties
The penalties are intentionally severe. Here's the structure, and how to come into compliance if you're behind.
Non-Willful Violations
You didn't know about the requirement or made an honest mistake.
Maximum penalty per account, per year (adjusted annually for inflation)
Each unreported account for each year is a separate violation. Example: 3 unreported accounts for 2 years = up to $99,216 in potential penalties.
Willful Violations
You knew about the requirement and chose not to file.
Or 50% of the account balance, whichever is greater
Maximum criminal imprisonment, plus up to $250,000 in fines
What Makes a Violation "Willful"?
Courts have found willfulness when taxpayers:
- Previously filed FBARs but stopped
- Failed to disclose foreign accounts to their tax preparer
- Used foreign accounts to hide income
- Were informed of the requirement and still didn't file
- Checked "No" on Schedule B when they had foreign accounts
"Willful blindness" — deliberately avoiding learning about the requirement — can also qualify.
Relief Options
If you have unfiled FBARs, several paths exist to come into compliance with reduced or eliminated penalties:
For non-willful taxpayers living abroad. Typically results in zero penalties. Requires 3 years of amended tax returns and 6 years of FBARs.
For non-willful US-resident taxpayers. 5% miscellaneous offshore penalty on the highest aggregate balance.
File late FBARs with a statement of reasonable cause. Best for taxpayers who properly reported all income but missed the FBAR filing.
For willful violations. Reduces criminal exposure in exchange for full disclosure and payment of civil penalties.
The simplest way to avoid penalties: file on time
12 minutes. $29. FinCEN-ready in three steps.