topic I have a foreign bank account in which was more than $10K , I did not file the interest unknowingly and FBAR too. Can I amend these without penalty. in After you file

I have a foreign bank account in which was more than $10K , I did not file the interest unknowingly and FBAR too. Can I amend these without penalty.

joy-banerjee — Tue, 04 Jun 2019 18:51:01 GMT

Can I file delinquent FBAR for last year where it had excluded the threshold amount. Should I do it after amending the tax return? Would there be a penalty for filing late FBAR for last year.

Yes, you should file your FBAR, even if it's late or deli...

CherylW — Tue, 04 Jun 2019 18:51:03 GMT

Yes, you should file your FBAR, even if it's late or delinquent. As of now, there's no monetary penalty, if you meet certain qualifications (see below).

Yes, amend your return first to properly report all income. File your FBAR as soon as possible to get in compliance.

This, from the IRS' Report of Foreign Bank and Financial Accounts:

Delinquent FBAR Submission Procedures

Taxpayers who have not filed a required FBAR and are not under a civil examination or a criminal investigation by the IRS, and have not already been contacted by the IRS about a delinquent FBAR, should file any delinquent FBARs according to the FBAR instructions and include a statement explaining why the filing is late. All FBARs are required to be filed electronically through FinCEN’s BSA E-Filing System . Select a reason for filing late on the cover page of the electronic form or enter a customized explanation using the ‘Other’ option. If unable to file electronically you may contact FinCEN’s Regulatory Helpline at 800-949-2732 or 703-905-3975 (if calling from outside the United States) to determine acceptable alternatives to electronic filing.

The IRS will not impose a penalty for the failure to file the delinquent FBARs if income from the foreign financial accounts reported on the delinquent FBARs is properly reported and taxes are paid on your U.S. tax return, and you have not previously been contacted regarding an income tax examination or a request for delinquent returns for the years for which the delinquent FBARs are submitted.

Hi Thanks for your reply, should I wait for my amended re...

joy-banerjee — Tue, 04 Jun 2019 18:51:04 GMT

Hi Thanks for your reply, should I wait for my amended returns to be completed before I file the FBAR. Also does it fall under quiet disclosure category.

Yes, you should complete your amended returns first. You...

CherylW — Tue, 04 Jun 2019 18:51:06 GMT

Yes, you should complete your amended returns first. Your second question is legal, not tax-related.