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What's the point of filing the FBAR in addition to one's US tax returns, which include Form 8938 ("Statement of Specified Foreign Financial Assets")?

Personal Finance & Money Asked on May 18, 2021

What’s the point of filing the FBAR (FinCEN form 114) in addition to one’s US tax returns, which include Form 8938 ("Statement of Specified Foreign Financial Assets")? FBAR seems to contain the same information as Form 8938.

I understand one must file for the FBAR assuming one has non-US assets, but I don’t understand what the motivation behind this rule is.

From Comparison of Form 8938 and FBAR Requirements (mirror) I understand that the reporting threshold for FBAR is lower that for Form 8938 (50k USD vs 10k USD in for the 2019 tax year), but assume that the taxpayer has over 50k USD of non-US assets and that the FBAR form contains the same list of accounts as Form 8938.

One Answer

From the IRS page on the difference between the two:

The Form 8938 filing requirement does not replace or otherwise affect a taxpayer’s obligation to file FinCEN Form 114 (Report of Foreign Bank and Financial Accounts). Unlike Form 8938, the FBAR (FinCEN Form 114) is not filed with the IRS. It must be filed directly with the office of Financial Crimes Enforcement Network (FinCEN), a bureau of the Department of the Treasury, separate from the IRS.

So, the difference isn't whether they cover the same information or not (they're similar, but not identical) but who they are filed with.

Separately from that, there are differences; as you note, FBAR has much lower limits (aggregate value of all accounts reaches $10k at any time in the year), while Form 8938 only kicks in at $50k (single) at the end of the year or $75k at any point in the year. The linked page lists all of the differences.

Since they are filed with different entities, and they have significantly different rules, you must file both - the US government doesn't do very well sharing between divisions (even divisions of the US Treasury), and so you file paperwork twice rather than filing it once and having the information sent over.

Correct answer by Joe on May 18, 2021

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