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Confused9
New Member

Do I need to file FBAR for 2016 if I elected to be treated as a resident for tax purpose?

I worked and lived abroad from Jan 1, 2016 until March 31, 2016. I was a non-resident alien as I did not live in the US in this period of time. I legally arrived to U.S on April 1, 2016 on visa, got married, got a green card and never left since. I understand I was a non-resident for 3 months and a resident for 9 months. I file tax jointly with my husband and elect to be treated as a resident for full tax year. I need to declare my worldwide income earned for 3 months and can claim tax exemption using form 1116, as I've already paid tax abroad,  but do I need to declare the money over $30,000 I had on my bank account abroad for 3 months?  When I arrive to the US I transferred the money to my new U.S bank account and closed the account abroad. The savings come from my salaries earned abroad every month, I never earned any interest. I understand that since I am treated as an american resident for 12 months my abroad income is treated as an 'american' one, so that would mean that my foreign bank account should be treated as an 'american' one too and I do not need to declare it? If I am wrong,and have to declare it, will IRS or Department of Treasury charge tax from my savings that are melting very fast since I bought a car ?
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2 Replies

Do I need to file FBAR for 2016 if I elected to be treated as a resident for tax purpose?

The limit for filing the FBAR form Fincen 114 is $10,000. Since you transferred the money while you were already in the US, the account was above the limit while you were a resident alien even without making the election. So yes, you definitely need to report it. The FBAR form is for informational purposes only and does not result in any taxes. 

 http://bsaefiling.fincen.treas.gov/NoRegFBARFiler.html

Confused9
New Member

Do I need to file FBAR for 2016 if I elected to be treated as a resident for tax purpose?

Hi, thank you for your fast reply. I need to clarify the above though. I actually transferred my money before coming to the U.S when I was a non-resident alien, and closed the empty bank account few months later over the phone. Does this change the situation?
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