FBAR File

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.

$16,536

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.

$165,353

Or 50% of the account balance, whichever is greater

5 years

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:

Streamlined Foreign Offshore Procedures

For non-willful taxpayers living abroad. Typically results in zero penalties. Requires 3 years of amended tax returns and 6 years of FBARs.

Streamlined Domestic Offshore Procedures

For non-willful US-resident taxpayers. 5% miscellaneous offshore penalty on the highest aggregate balance.

Delinquent FBAR Submission Procedures

File late FBARs with a statement of reasonable cause. Best for taxpayers who properly reported all income but missed the FBAR filing.

Voluntary Disclosure Practice

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.