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abhi0123
Returning Member

Foreign assets reporting requirement for married filing jointly

I've a question regarding reporting foreign assets for married filing jointly.
 
Me and my wife's individually owned foreign assets didn't exceed $10,000 any time in 2019, but combined they did. We don't have any jointly owned foreign assets. According to this publication, my wife and I aren't required to file form 8938 (total asset < $100,000); however, for FBAR, it's not clear whether all of our accounts, even if not jointly owned, should be aggregated. According to this publication, each spouse should file separately, in which case, we aren't required to file FBAR.
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1 Reply
pk
Level 15
Level 15

Foreign assets reporting requirement for married filing jointly

@abhi0123 , FBAR  is generally reported  by each individual directly  online  at Treasury  ( FINCEN --- www.fincen.gov  form 114).  Whereas its filing date is generally in line with the federal return filing date, it is not connected to the  ITS filing.  You will have to go to FINCEN and file.  Note that it is per taxpayer and ONLY asks for bank account  related info. The  threshold is US$ 10,000 at anytime  in the year and per account over whoch the taxpayer has ownership and/or signature authority.  Thus if you and/or  your spouse have  jointly owned bank accounts ( in non-US banks in foreign land--India? ) and met the threshold then you each must file recognizing this ownership.  If you have ONLY signature authority over bank accounts  ( as is sometimes the case for immigrants with families back home ) in local banks, you need to report these.

My general position is , even if you do not meet the threshold but is near enough , it is better to file -- it has no tax consequence  and countries with money laundering agreements with the USA, will report all US person accounts anyways.  But you do not have to.

Form 8938 deals only with "specified assets " not just bank accounts , the threshold is much higher, it is per return and goes to the IRS

 

Hope this clarifies your query

 

Namashkar

 

pk

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