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Returning Member
posted Jun 3, 2019 4:38:36 PM

If there is a loan in excess $10,000 from a foreign individual to a family member in the United States, is an FBAR required to be filed?

No interest will be charged.  Loan repayments will be made to the foreign family member through wire.  A promissory note will be used to document the loan.

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Level 15
Jun 3, 2019 4:38:38 PM

The FBAR report is required if a US "taxpayer" (citizen, or resident alien subject to US tax law) owns a foreign bank account worth more than $10,000.

If someone is loaning you money, presumably they are putting money in your bank account for you to spend.  If that account is in the US, it's not a foreign account even though the money is from a foreign source.  If the account is foreign, and you draw money from the account as needed, then you own a foreign account.

1 Replies
Level 15
Jun 3, 2019 4:38:38 PM

The FBAR report is required if a US "taxpayer" (citizen, or resident alien subject to US tax law) owns a foreign bank account worth more than $10,000.

If someone is loaning you money, presumably they are putting money in your bank account for you to spend.  If that account is in the US, it's not a foreign account even though the money is from a foreign source.  If the account is foreign, and you draw money from the account as needed, then you own a foreign account.