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Dear All, I have few joint accounts with my spouse and an individual account in a foreign country. So can I file FBAR jointly if my wife does not have any ind account?

Dear All, I have few joint accounts with my spouse and an individual account in a foreign country. So can I file FBAR jointly with my wife by mentioning individual account in individual section and joint accounts in joint account section? My wife does not hold any individual accounts in a foreign country.
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1 Reply
ToddL99
Expert Alumni

Dear All, I have few joint accounts with my spouse and an individual account in a foreign country. So can I file FBAR jointly if my wife does not have any ind account?

Yes, you can file the FBAR (FinCEN 114) jointly, but there isn't any reason to do that - FBAR reporting requirements apply to individuals, not joint tax filers (unless both are required to file FBAR). If your joint accounts are not "foreign accounts", they are not reported on FinCEN 114.

 

If you choose to file jointly, see the following instructions:

 

What if I file an FBAR with my spouse? How will I be able to meet the two-signature requirement and E-File?

 

FinCEN's BSA E-File system's capability only allows for one digital signature. Although the current FBAR instructions state that a spouse included as a joint owner, who does not file a separate FBAR, must also sign the FBAR in Item 44, the E-Filing process will not allow for both signatures on the same electronic form. So, to use the E-Filing system, a Form 114a should be completed designating which spouse will file the FBAR. The Form 114a is retained by the filer and not sent to FinCEN. The spouse designated can then use the BSA E-Filing System to E-File the FBAR.

The spouse of an individual who files an FBAR is not required to file a separate FBAR if the following conditions are met:

 

(1) all the financial accounts that the non-filing spouse is required to report are jointly owned with the filing spouse;

 

(2) the filing spouse reports the jointly owned accounts on a timely filed FBAR electronically signed; and

 

(3) the filers have completed and signed Form 114a, “Record of Authorization to Electronically File FBAR’s” (maintained with the filers’ records).

 

Otherwise, both spouses are required to file separate FBARs, and each spouse must report the entire value of the jointly owned accounts. See instructions for specific items, Part III, Items 25-33.

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