Should U.S. Citiznes living overseas be scared of the FBAR form?

The U.S. Department of the Treasury has issued new directives that they will continue to enforce filing of the FBAR report by all citizens of the U.S. who have over $10,000 on any one day during a calendar year.  The penalty for not filing the report is 50% of the highest amount in EACH account during the year.
You can tell that the IRS is really pushing this in that the Amnesty filing demands only 3 tax returns but asks for 6 FBAR forms.  The main emphasis of the Department of the Treasury is that they get knowledge of U.S. citizens accounts overseas in banks, brokerage houses and pension plans.  Interestingly enough, hard assets such as precious metals, real estate, jewelry and cars do not have to be reported.
I urge you to get the correct information today in order to file your FBAR form timely each calendar year.  The penalties are just too great not to take care of this.

What a terrible thing.
You earn money and are taxed at source but have to pay tax again to an government, even you aren't in the country.
I see why some Americans are tearing up their passports.

The world would agree with you as only a few (maybe 3) have the requirement to file even if you don't live in that country.  It's all part of the U.S.'s FATCA treaty to try to force banks overseas to give up information on U.S. Citizen accounts in their country.  They will then check that list against the FBAR forms filed.  If no FBAR has been filed (and no tax is due on the FBAR ever), then the penalty is 50% of the amount in the account.

A widow in Europe found out that her husband had $42million in a Liechtenstein bank and didn't report it when it became hers after his death on any FBAR reporting.  The IRS found out and her penalty was $21,000,000 which she has now paid.  Crazy.

The form is easy to use and, like I said, there is no tax due on the FBAR - it is information only.

On the tax side of things, in most countries, the tax paid on the income is more than would be due to the U.S. (some exceptions are UAE, Russia, Singapore, Hong Kong and a few others).   With those countries you get a full credit for the tax paid and the tax return shows zero due.

It's just a hassle to have to file the return and the FBAR annually, but the legislation is in the works to not renew any U.S. Citizen passports if tax returns are not yet filed.  The long arm of the IRS will force compliance.

It's not all that difficult to file a tax return on time.  I've never understood why so many people wait until the last minute.

for some people it's the principle of the thing, that despite long-term residences in other countries and no assets in the US, the country continues to keep a chokehold on its passport holders. None of the American expats I know think this is a fair and reasonable bunch of rules that we are required to do this every.single.fekking.year.

It's not fair, but filling out a form is better than some ridiculous Willie Nelson fine and not being able to renew your passport.

The IRS is really cracking down. Here's a helpful video, if you're interested.

Understanding IRS OVDP & FATCA

I think for new expats, it's just not on the radar right away. It takes a few tries to get in the habit.

Yes they are serious and yes you actually have to report real estate holdings as well.  We have no assets in the US but still file returns every year and this year with over the limit in our accounts here we are reporting the bank accounts as well. Do  not the banks are reporting to the IRS so you better as well.

Bob K

I've never had any problems.  Is that because I file taxes or because I know that our tax rates are a lot lower than many other places?

Hi, I'm new to Expatblog,
While the topic at this forum is FBAR, if any of you want to know about a serious, now in the courts legal action against FATCA and IGA, take a look at #2 posting over in the Brazil Forum called FATCA & FBAR; who'd running the show here anyway? 
Happy New Year
LLGM

expatprotax wrote:

It's all part of the U.S.'s FATCA treaty to try to force banks overseas to give up information on U.S. Citizen accounts in their country.


Just to clear up a fundamental error in this statement the Foreign Account Tax Compliance Act IS NOT A TREATY. It is a US "extraterritorial" law that they are simply trying to bully other sovereign nations into accepting, ignoring completely their own Constitution a the Constitution of other sovereign nations.

In the US, the treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate, but the treaty must be advised and consented to by a two-thirds vote in the Senate. Only after the Senate approves the treaty can the President ratify it. Once a treaty is ratified, it becomes binding on all the states under the Supremacy Clause.

FATCA never went to the US Senate and thus is not legally binding and violates the US Constitution. Since it is not a Treaty it is "ultra vires" and remains so in ANY nation that signs on to FATCA through an Intergovernmental Agreement (IGA).

This is the claim in the Canadian lawsuit against the Government of Canada (represented by the Attorney General) that there was no legal (Constitutional) authority to sign the IGA, which violates the Canada Constitution Act - 1982, various sections of the Charter of Rights and Freedoms and Canadian laws relating to privacy.

Cheers,
James             Expat-blog Experts Team

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