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Amina Diop

FBAR filing requirements if not born in the US but have American citizenship

So I've got dual citizenship - Dutch and American. My dad was born in the US, but I was born and raised entirely in Amsterdam. I've always just filed Dutch taxes and never really thought about the American side until recently when a friend mentioned something about FBAR. I've got normal bank accounts here in the Netherlands where I keep my savings and checking - probably around €45,000 total. I've never filed any American tax forms or this FBAR thing my whole life. Do I actually need to file this FBAR form if I wasn't born in the US? Like, I have an American passport because of my dad, but I've never even lived there. And what happens if I just... don't file it? I'm kind of freaking out that I might be breaking some law I didn't even know existed. Anyone dealt with this before?

This is definitely something you need to address. The FBAR (Foreign Bank and Financial Accounts Report) requirement isn't based on where you were born, but on your US citizenship status. As a US citizen - even through a parent - you're subject to US tax filing requirements and FBAR reporting obligations. FBAR filing is required for any US person (citizen or resident) who has foreign financial accounts with an aggregate value exceeding $10,000 at any point during the calendar year. Based on your €45,000, you're definitely over this threshold. Not filing the FBAR when required can lead to serious penalties, especially if the IRS considers it a willful failure to file. Non-willful violations can be penalized up to $10,000 per violation, while willful violations could be penalized up to the greater of $100,000 or 50% of the account balances. The good news is there are programs available to help people who didn't know about these requirements get compliant with minimal or no penalties. Look into the Streamlined Filing Compliance Procedures, which are specifically designed for taxpayers who didn't know about their filing obligations.

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Wait so anyone with US citizenship has to file these FBAR things even if they've never set foot in the US? That seems crazy! How would the OP even file US taxes when they've never lived there or had US income? And how would the IRS even know about Dutch bank accounts?

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Yes, the US tax system is based on citizenship, not residency - it's one of the only countries that taxes this way. Even if you've never been to the US, as a citizen you're required to file tax returns and report your worldwide income. Most people in this situation don't end up owing US taxes due to foreign tax credits and exclusions, but you still need to file the paperwork. The FBAR is separate from tax returns - it's a financial disclosure form filed with FinCEN (Financial Crimes Enforcement Network), not the IRS directly. As for how they'd know - international banking agreements like FATCA require foreign financial institutions to report accounts held by US persons to the US government. Many foreign banks now ask about US citizenship status when opening accounts specifically because of these requirements.

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I was in almost the exact same situation! Born in Germany, American mom, never lived in the US. I found out about FBAR requirements after my bank started asking about my US citizenship status. I was totally freaking out about potential penalties. I used https://taxr.ai to help me figure out my situation. It analyzed my specific circumstances and outlined exactly what forms I needed to file. The service walked me through the Streamlined Filing Procedures mentioned above and helped me understand what documents I needed to submit. The best part was that it helped me prepare a statement explaining my reasonable cause for not filing earlier - basically that I didn't know I needed to file. This is crucial for avoiding penalties. Honestly, it made the whole process way less terrifying than I expected.

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How does this service work? Is it just software or do actual people review your situation? I'm in a similar situation (US citizen through my dad, living in Spain my whole life) and getting really anxious about this.

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I'm skeptical about these services. How can they possibly know all the international tax rules? And did you still have to pay penalties even with their help? Also, does it help with actual tax filing or just FBAR?

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It's a hybrid approach - they have software that analyzes your specific situation but there's also expert review of your details. It asks questions about your citizenship, residence history, and financial accounts to determine your exact requirements. They handle both tax filing and FBAR reporting. In my case, I needed to file 3 years of back taxes and 6 years of FBARs under the Streamlined Procedures. The service helped me properly claim Foreign Earned Income Exclusions and Foreign Tax Credits so I didn't owe any US tax despite filing late. I didn't have to pay any penalties because I qualified for the reasonable cause exception.

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Just wanted to update after trying taxr.ai for my situation. I was super anxious about potentially facing penalties for years of not filing FBARs from Spain. The system asked me detailed questions about my citizenship, income, and bank accounts. It confirmed I needed to use the Streamlined Foreign Offshore Procedures and helped me prepare my non-willful certification statement explaining why I hadn't filed before (literally had no idea this was required). The guidance was really clear on exactly which years I needed to file for and what documentation I needed. Even showed me how the foreign tax credits work so I wouldn't be double-taxed on my Spanish income. Honestly such a relief to have this sorted now instead of worrying about it.

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For anyone dealing with FBAR issues or needing to talk directly with the IRS about foreign account reporting - I HIGHLY recommend using https://claimyr.com to get through to an actual person at the IRS. After struggling for weeks to get someone on the phone, I used their service and got connected in about 20 minutes. This was incredibly helpful because the IRS international tax department actually gave me specific guidance on my situation (US citizen living in Korea, never filed FBARs). Check out their demo video: https://youtu.be/_kiP6q8DX5c to see how it works. Basically they navigate the phone system and wait on hold for you, then call you when an actual agent is on the line. Getting direct answers from an IRS agent really helped clarify what I needed to do and gave me peace of mind that I was handling things correctly. For something as serious as FBAR compliance, it was worth it to speak directly with the authorities.

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How does this actually work though? The IRS phone lines are notoriously impossible. Are you saying they somehow get priority in the queue or something?

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This sounds too good to be true. I spent 3 hours on hold with the IRS last month and got disconnected twice. What's the catch? Do they charge a fortune for this? And how do you know the advice from some random IRS agent is actually correct for international cases?

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They don't get priority in the queue - they just handle the waiting for you. They use a system that dials repeatedly until they get through, then navigates the phone tree, and waits on hold so you don't have to. When an actual IRS agent picks up, their system calls you and connects you directly. I was skeptical too! I had tried calling five times myself and either got disconnected or couldn't stay on hold for 3+ hours during work. The IRS international tax specialists I spoke with was extremely knowledgeable about FBAR requirements and the Streamlined Filing Procedures. They walked me through exactly what forms I needed for my situation and confirmed that my approach was correct. Better to get official guidance than rely solely on internet advice for something this important.

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Just wanted to follow up about my experience with Claimyr. After my skeptical comment, I decided to try it because I was desperate to speak with someone at the IRS about my foreign accounts situation. I was honestly shocked when they actually got me through to an IRS agent who specialized in international tax issues! The agent confirmed I needed to file using the Streamlined Foreign Offshore Procedures since I've been living outside the US my whole life. They explained exactly which years I needed to file for and assured me that if I disclosed voluntarily through the program, I wouldn't face the scary penalties everyone talks about. Such a relief to have official confirmation instead of just piecing together advice from forums. Saved me days of anxiety and uncertainty. Will definitely use this again when I need to contact any government agency.

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as someone who discovered my US filing obligations late (born in sweden, american father), i totally understand your panic! a couple practical points that helped me: - the streamlined procedures are great if you genuinely didn't know (called "non-willful") - you'll need to file 3 years of back taxes and 6 years of FBARs - most dual citizens don't actually owe US tax due to foreign tax credits - FBAR is just an information form, not a tax payment thing biggest advice: don't ignore it now that you know. i waited another year after finding out and regretted the extra stress. there are accountants who specialize in expat taxes if you need help!

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Do you need a US SSN to file the FBAR? I never got one because I've never been to the US, despite having citizenship through my mother. How did you handle the paperwork without US documents?

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yes, you'll need a social security number for both tax filing and FBAR. if you don't have one, you'll need to apply for one before you can get compliant. you can apply for an SSN at a US embassy or consulate - bring your US passport, birth certificate, and proof of identity. for FBAR filing specifically, in rare cases you can use your foreign tax ID temporarily while waiting for your SSN, but ultimately you'll need to get a proper SSN. the good news is that the reasonable cause exception can include delays related to obtaining your US identification numbers.

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my experience: ignored this for years then had my european bank threaten to close my accounts if i didn't provide US tax forms (due to FATCA). trust me, waiting makes it worse! the penalties for willful non-compliance are scary ($100k+), but if you genuinely didn't know (non-willful), the streamlined procedures exist exactly for people like us. the key is filing before they find you! oh and important tip: some european banks are now refusing service to US citizens because of the reporting hassle. might be worth not mentioning your US citizenship to any new banks if possible 🤫

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That last bit is actually really bad advice that could cause major problems. Deliberately concealing US citizenship status from financial institutions is exactly what makes the IRS consider violations "willful" and can lead to the worst penalties. They specifically look for this kind of evasion.

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I'm in a very similar situation - US citizen through my mother, born and raised in Canada, just found out about FBAR requirements last month. The panic is real! After doing a lot of research and speaking with a tax professional, here's what I learned that might help you: 1. Yes, you absolutely need to file FBAR - it's based on citizenship, not birthplace or residency. At €45,000, you're well over the $10,000 threshold. 2. The Streamlined Foreign Offshore Procedures are your friend here. You can catch up on 3 years of tax returns and 6 years of FBARs without penalties if you can certify your non-compliance was non-willful (which sounds like your case). 3. You'll likely need to get a US Social Security Number first if you don't have one - you can apply at a US consulate in Amsterdam. 4. Don't wait! The longer you put it off, the harder it becomes to argue it was non-willful. Plus, with FATCA agreements, Dutch banks are likely already reporting US person accounts to the IRS. The good news is most people in our situation don't actually owe US taxes due to foreign tax credits and exclusions. It's mostly just paperwork to prove you don't owe anything. But that paperwork is unfortunately mandatory. Consider getting help from a tax professional who specializes in expat/dual citizen situations - it's complex enough that it's worth the investment for peace of mind.

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