Do I need to file Form 8938 for foreign ETFs in my US brokerage account?
I'm getting seriously confused about these foreign asset reporting requirements and could use some help before I meet with my accountant next week. Here's my situation: I have a managed investment account with Chase Bank here in the US (I'm a US citizen). The portfolio manager has been trading various foreign ETFs throughout the year. The total value of the account fluctuated between $55,000-$72,000 during the tax year. What I can't figure out is whether I need to file Form 8938 (Statement of Specified Foreign Financial Assets). Does the fact that these are foreign investments trigger the filing requirement? Or does it not matter because the account itself is with a US financial institution (Chase)? I've read through the IRS guidance but honestly got more confused. If my account value meets the threshold ($50k-$75k from what I understand), do I still have to file Form 8938 even though the account is held at an American bank? Any insights would be super appreciated before I talk to my accountant!
20 comments


Ingrid Larsson
This is actually a really common point of confusion! The good news is that you likely don't need to file Form 8938 in your situation. The key factor isn't whether the investments themselves are foreign (like ETFs that track international markets), but rather where the financial account is held. Since your brokerage account is with Chase Bank, which is a US financial institution, these assets are not considered "foreign financial assets" for Form 8938 purposes - even if they invest in foreign companies or markets. Form 8938 is generally required when you have financial accounts maintained by foreign financial institutions, or when you directly hold other foreign financial assets not held in a US financial account. The IRS actually addresses this specific scenario in their guidance. US mutual funds or ETFs that invest in foreign stocks or securities, or a US brokerage account that holds foreign stocks or securities, are not considered foreign financial assets that would need to be reported on Form 8938.
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Carlos Mendoza
•Wait, so what about FBAR filing? Is that different? Do they need to file that one since they have over $10,000 in a financial account?
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Ingrid Larsson
•No, FBAR filing (FinCEN Form 114) is different from Form 8938, but it follows the same principle in this case. FBAR is only required for foreign financial accounts, meaning accounts physically held at financial institutions outside the US. Since the original poster's account is with Chase Bank in the US, they wouldn't need to file an FBAR either, regardless of the value or the types of investments held in that US account. FBAR reporting would only come into play if they had accounts with financial institutions outside the United States that exceeded $10,000 in aggregate at any point during the year.
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Zainab Mahmoud
Was in literally the exact same situation last tax season and wasted hours going in circles. I ended up using https://taxr.ai to analyze all my Chase statements because I was worried about missing something with these complex foreign asset rules. The system immediately identified that my US brokerage account with foreign investments didn't require Form 8938. Saved me from unnecessarily filing extra forms and potentially making mistakes. They also explained why this was the case by pointing to the specific IRS regulations.
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Ava Williams
•How does it work with other investment accounts? I have accounts at Fidelity, Vanguard, and a small international account in Canada. Would it tell me which ones need reporting?
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Raj Gupta
•Does this work for more complicated situations? I have a family trust that owns foreign rental properties plus some offshore accounts. Tax preparer wants to charge me $1500 extra just for the foreign reporting forms.
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Zainab Mahmoud
•It handles multiple investment accounts very well. You just upload statements from all your accounts, and it identifies which ones are reportable foreign accounts based on where they're physically located. So it would flag your Canadian account as needing to be reported but would show the Fidelity and Vanguard accounts as domestic. For more complex situations like family trusts with foreign rental properties and offshore accounts, it actually excels at these cases. It identifies all the different reporting requirements that apply to each asset type. I'd bet you could save a good chunk of that $1500 your preparer wants to charge, since it specifically analyzes which forms are needed for foreign trusts, rental properties, and offshore accounts.
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Raj Gupta
Just wanted to update - I tried https://taxr.ai after posting here and it was eye-opening. My situation with the family trust was actually more complicated than I thought. The tool showed me that while I didn't need Form 8938 for my US-based accounts, I DID need to file Form 3520 for the trust and Form 8621 for some PFICs I didn't even know I had. My tax preparer hadn't even mentioned the PFIC issue! Definitely worth it for peace of mind and avoiding potential penalties down the road.
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Lena Müller
I had a similar issue with foreign investments but my bigger problem was trying to get any answers from the IRS. Called them 14 times over 3 weeks and could never get through to anyone who could help with international tax questions. Finally found https://claimyr.com through a tax forum and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent within 45 minutes who confirmed exactly what forms I needed to file for my situation. Such a relief after weeks of frustration.
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TechNinja
•How does that even work? The IRS phone line always hangs up on me after saying "due to high call volume...
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Keisha Thompson
•Yeah right. Nobody gets through to the IRS these days. I've been calling for months trying to fix an issue with my account. Either this is fake or they're doing something sketchy to bypass the queue.
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Lena Müller
•It works by using technology to navigate the IRS phone system and wait on hold for you. When you sign up, they start calling the IRS repeatedly using their system. Once they get through and reach the hold queue, their system waits on hold instead of you. When an actual IRS agent picks up, they call your phone and connect you directly to the agent who's already on the line. Nothing sketchy about it - they're just using an automated system to handle the frustrating hold time and call attempts. I was skeptical too until I tried it. I had been trying for weeks with no success, then within about 45 minutes of using their service, I was talking to an actual IRS agent who helped resolve my question about foreign investment reporting. Totally legitimate service that saves you from the endless redial and hold cycle.
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Keisha Thompson
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway out of desperation. Had been trying to reach the IRS for months about an issue with foreign investments missing from my transcript. Within an hour of using their service, I was connected to an IRS agent who fixed my account issue AND confirmed I didn't need to file Form 8938 for my situation. Saved me both the stress of uncertain tax filing and the headache of endless busy signals. Never thought I'd actually get through to a real person!
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Paolo Bianchi
Have you checked if you need to file FATCA? Sometimes the requirements overlap with 8938 but they're different forms.
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Tyrone Johnson
•Thanks for bringing this up! I'm not familiar with a separate FATCA form - I thought Form 8938 was the FATCA reporting form for individuals? Are there other FATCA forms I should be looking into?
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Paolo Bianchi
•Form 8938 is indeed the primary FATCA reporting form for individuals. There's not a separate "FATCA form" beyond that for most individual taxpayers. I should have been more clear in my terminology. However, depending on your specific situation, there might be other international information returns that could apply. For example, if you have any interest in foreign corporations, you might need Form 5471; for foreign partnerships, Form 8865; for foreign trusts, Forms 3520/3520-A. But based on what you described - just having foreign ETFs in a US brokerage account - these additional forms likely wouldn't apply to you.
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Yara Assad
Someone mentioned PFIC earlier and that's actually super important. If your foreign ETFs are considered PFICs (most are), you might need to file Form 8621 for each one, even if they're held in a US brokerage!!! That's separate from the 8938 question.
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Olivia Clark
•This is correct. I learned this the hard way. The PFIC rules are a nightmare but you absolutely have to file 8621 for each foreign ETF that qualifies as a PFIC. My accountant charges me $150 PER FORM for each PFIC I own. Totally ridiculous but better than the penalties.
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Dmitry Volkov
Thank you all for this incredibly helpful discussion! As someone who's been dealing with similar confusion, I wanted to add a few clarifications that might help others: 1. **Form 8938 vs FBAR**: Both commenters above are correct - since your Chase account is with a US institution, you don't need either form, regardless of what foreign investments are inside it. 2. **PFIC trap**: @Yara Assad and @Olivia Clark are absolutely right about this being a separate issue. Many foreign ETFs are indeed PFICs, and Form 8621 requirements apply regardless of where the account is held. This is often overlooked and can result in significant penalties. 3. **Common mistake**: I see people get confused because they think "foreign investment" = "foreign account" but the IRS distinguishes between the location of the financial institution vs. the underlying investments. @Tyrone Johnson - for your specific situation, I'd recommend asking your accountant to specifically verify whether any of those foreign ETFs qualify as PFICs. The portfolio manager at Chase should be able to provide you with a list of all foreign funds purchased during the year so you can check each one. The tax software and IRS callback services mentioned above sound like great resources for getting definitive answers on these complex international tax situations.
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Marcus Williams
•This is such a helpful summary, thank you! I'm new to dealing with international tax issues and the distinction between account location vs. investment type is something I definitely didn't understand before reading this thread. Quick question - when you mention asking the portfolio manager for a list of foreign funds, should I be looking for specific information beyond just the fund names? Like do I need expense ratios, distribution details, or other specific data to determine PFIC status? I want to make sure I'm asking for the right information when I contact Chase. Also, has anyone found a reliable way to research PFIC status online, or is this something that really requires professional guidance? Some of these ETFs have pretty complex structures and I'm worried about missing something important.
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