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Level 3
posted Mar 5, 2024 7:37:34 AM

FBAR question

I have a foreign bank account and a share in a foreign property I received by inheritance.  It was a distribution from an individual (my late mother)  and not from a trust.  I understand I have to file an FBAR form here: https://bsaefiling.fincen.treas.gov/main.html

 

But when I go there, I see BSA e-filing and BOI e-filing. Which one do I use?  Do I also need form 8938?

 

Thank you.

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1 Best answer
Expert Alumni
Mar 5, 2024 1:38:16 PM

You would use the BSA e-filing option as the BOI filing is for beneficial ownership of a company. You would need the Form 8938 if you are required to file a Form 1040, personal federal income tax return, and you owned foreign assets that were worth more than $50,000 on the last day of the year and more than $75,000 at any time during the year, assuming you are a US citizen.  There are other thresholds if you are not a US Citizen. You should double those amounts if you are filing as married-joint. You can learn more here:  Form 8938 instructions

 

Also, if you are the owner of all or a portion of a foreign trust with a value over $100,000, you may need to file Form 3520, as per the following from the instructions to that form:  Form 3520 instructions 

 

There is a penalty of up to $10,000 for not filing Form 3520 in a timely manner.

 

[Edited 3/7/24 at 5:09 PM PST] @vrflash

 

2 Replies
Expert Alumni
Mar 5, 2024 1:38:16 PM

You would use the BSA e-filing option as the BOI filing is for beneficial ownership of a company. You would need the Form 8938 if you are required to file a Form 1040, personal federal income tax return, and you owned foreign assets that were worth more than $50,000 on the last day of the year and more than $75,000 at any time during the year, assuming you are a US citizen.  There are other thresholds if you are not a US Citizen. You should double those amounts if you are filing as married-joint. You can learn more here:  Form 8938 instructions

 

Also, if you are the owner of all or a portion of a foreign trust with a value over $100,000, you may need to file Form 3520, as per the following from the instructions to that form:  Form 3520 instructions 

 

There is a penalty of up to $10,000 for not filing Form 3520 in a timely manner.

 

[Edited 3/7/24 at 5:09 PM PST] @vrflash

 

Level 3
Mar 7, 2024 4:13:19 PM

Thank you.