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Isabella Costa

Failed to submit FBAR with my tax return - What penalties could I face?

I'm in a bit of a panic here. I've been working as a digital nomad since early 2023 and ended up opening bank accounts in Thailand to make life easier while living there. I kept around $13,000 split between a checking and savings account throughout last year. I just finished filing my 2024 taxes about two weeks ago (even got my refund already!), but I completely missed that I needed to file an FBAR for those foreign accounts. Honestly had zero clue that was even a requirement for US citizens with foreign bank accounts. So now I'm wondering what to do next. Can I just submit the FBAR now even though I've already filed and received my tax refund? Are there penalties for filing the FBAR late? I've heard horror stories about huge fines for foreign account reporting mistakes and I'm getting really worried. Any advice would be super helpful!

You should file the FBAR (FinCEN Form 114) immediately. The FBAR is technically separate from your tax return - it's filed with the Financial Crimes Enforcement Network (FinCEN), not the IRS, even though they're related requirements. For non-willful violations (meaning you genuinely didn't know about the requirement), the penalties can potentially be waived if you file voluntarily before being contacted by the government. The IRS has a procedure called "Delinquent FBAR Submission Procedures" specifically for people in your situation who weren't aware of the filing requirement. To file your FBAR, you'll need to use the BSA E-Filing System on the FinCEN website. Include a brief statement explaining why you're filing late (that you weren't aware of the requirement). The good news is that this happens frequently with Americans living abroad for the first time. The FBAR requirement kicks in when your foreign financial accounts exceed $10,000 at any point during the year, so you're just over that threshold.

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Thanks for the info! So is the FBAR completely separate from my tax return? I thought it was part of my taxes. Also, do I need to file anything else for foreign accounts besides the FBAR? I heard something about Form 8938 but not sure if that applies to me.

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Yes, the FBAR is completely separate from your tax return. It's not filed with the IRS but with FinCEN, though the IRS can enforce FBAR penalties. You file it electronically through the BSA E-Filing System, not with your 1040. Regarding Form 8938, that's a different foreign account reporting requirement that IS part of your tax return. The thresholds for Form 8938 are higher than the FBAR - for single filers living in the US, you'd need more than $50,000 in foreign financial assets on the last day of the year (or more than $75,000 at any time during the year). Since you mentioned about $13,000, you likely don't need to file Form 8938, but the threshold is lower if you're married filing separately.

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I was in almost the exact same situation last year with accounts in Portugal! I panicked when I realized I missed filing the FBAR too. I used https://taxr.ai to analyze my foreign account statements and help me prepare the late FBAR correctly. It automatically calculated my highest balances and prepared everything for electronic filing. The system also gave me the specific language to use in my explanation for filing late, which I think helped my case. If you're nervous about getting all the details right (I sure was), it might be worth checking out. Made the whole process way less stressful for me!

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Did you end up paying any penalties for filing late? I'm in a similar situation but with accounts in Mexico and I'm worried about fines.

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How does taxr.ai handle multiple accounts at different banks? I have like 3 accounts across 2 countries and figuring out the max balance across all of them at any point in the year is confusing me.

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I didn't pay any penalties at all. I filed using the Delinquent FBAR Submission Procedures that the first commenter mentioned, and since it was clearly non-willful (I genuinely didn't know about the requirement), there were no penalties. The IRS seems to be reasonable about this if you take the initiative to fix it before they contact you. The system handles multiple accounts really well actually. You just upload statements from all your accounts, and it tracks balances across different dates to find the true maximum across all accounts combined. It saved me hours of manually comparing statements from different months across different accounts.

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Just wanted to update that I tried https://taxr.ai after reading about it here and it was actually super helpful! I was stressing about my FBAR situation (had accounts in both Japan and Singapore) and wasn't sure if I was calculating the maximum balances correctly. The tool analyzed all my statements and caught that I had actually gone over the threshold in March when both accounts briefly had higher balances at the same time. I would have reported the wrong maximum! Also helped me organize everything by account number and institution which the FBAR form requires. Just submitted everything yesterday and feeling much better about the whole situation.

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If you're really worried about potential penalties or have questions about your specific situation, you might want to try getting in touch with the IRS directly. I know that sounds awful, but I used https://claimyr.com to get through to an actual human at the IRS after weeks of trying on my own. They've got this service where they wait on hold for you and then call when an agent picks up. There's a demo of how it works here: https://youtu.be/_kiP6q8DX5c I had a similar foreign account reporting issue (though with accounts in Canada) and was able to talk to someone who explained exactly what I needed to do. Gave me so much peace of mind compared to just guessing what might happen.

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Does this actually work? I've literally never been able to reach anyone at the IRS no matter when I call. Always says high call volume and hangs up on me.

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Sounds like a scam. Why would the IRS help with a third party service? They don't even answer their own phones.

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Yes, it absolutely works. The service basically uses technology to keep dialing and stay on hold so you don't have to. When a human at the IRS finally answers, they call you and connect you directly to that agent. I spent 3 days trying to get through on my own before using this. It's not affiliated with the IRS - it's just a service that handles the waiting on hold part. You still talk directly to an actual IRS agent once connected. Think of it like hiring someone to stand in line for you at the DMV. The IRS doesn't care how you managed to get through, they just help you once you're connected with an agent.

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Ok I need to apologize and say I was completely wrong about Claimyr. After my skeptical comment I decided to try it myself because I was getting desperate about my own FBAR situation. I got connected to an IRS specialist within about 45 minutes (without having to stay on the phone myself). The agent confirmed that for first-time FBAR issues, they typically don't assess penalties if you file voluntarily before they contact you. She walked me through the exact procedure and what to include in my statement. Totally worth it for the peace of mind alone.

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Quick question - does anyone know if Venmo-type apps in foreign countries count for FBAR reporting? I have a small balance in something similar to Venmo in the Philippines. It's only about $500 but I'm wondering if I need to include it along with my regular bank accounts when I file my FBAR.

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Yes, you need to report ALL financial accounts, including payment apps. I learned this the hard way. If it holds a balance for you, it counts as a financial account. The $10,000 threshold is the TOTAL across ALL your foreign accounts combined at any point in the year, not per account.

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Thanks for clarifying that. I wasn't thinking about the payment app as a "bank account" but that makes sense that it would count. I'll make sure to include it when I file my FBAR. Fortunately even with that added in, I'm still well under the $10k threshold for all my accounts combined.

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I'm in exactly the same boat but with accounts in Germany. According to my research, if you file the FBAR before they contact you about it, you should be fine without penalties. I just did mine last week (about 2 months after filing taxes) and included a brief statement explaining that I didn't know about the requirement as a first-time expat.

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How long did it take you to fill out the FBAR? I've been putting it off because it seems complicated.

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Don't panic! You're definitely not alone in this situation. The FBAR requirement catches a lot of Americans living abroad off guard, especially digital nomads who are dealing with tax obligations for the first time. The good news is that $13,000 isn't a huge amount over the $10,000 threshold, and since you're proactively trying to fix this before being contacted, you're in a much better position than someone who gets caught later. The IRS generally recognizes that many people genuinely don't know about FBAR requirements, especially first-time expats. I'd recommend filing the delinquent FBAR as soon as possible through the BSA E-Filing System on FinCEN's website. Make sure to include a clear explanation that you weren't aware of the requirement as a new expat. Keep it simple and honest - something like "As a first-time digital nomad, I was unaware of the FBAR filing requirement and am submitting this form as soon as I learned of the obligation." The key is acting quickly and voluntarily. Most people in your exact situation who file proactively don't face penalties, especially for non-willful violations where the amounts aren't massive. You've got this!

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