Need urgent help with late FBAR and Form 8938 filing requirements for foreign accounts
I've been a resident alien for tax purposes for the past 6 years, and I just discovered something that's making me panic. I had no idea about Form 8938 and FBAR requirements until now because I've been using a basic free tax filing software that never flagged this issue. My wife and I have foreign bank accounts that went over $150,000 at certain points during each of the last 6 years. Most of these are just checking accounts with minimal interest (probably less than $120 total annually). I never received any 1099-INT forms from these foreign institutions, so I didn't report this small interest income either. After researching like crazy the past few days, I'm planning to write a statement explaining the situation and submit late FBARs for the past 6 years along with Form 8938 with amended returns for the last 3 years. My main concerns are: 1. We moved money between accounts, so the maximum value looks really high (around $750k) at certain points, but by December 31st each year, the total was only about $60k. Will this huge difference between maximum value and year-end balance create problems? 2. From what I've read, I can file FBARs for up to 6 years back and amend tax returns for up to 3 years. Is this sufficient, or should I try to fix tax returns from more than 3 years ago too? 3. For the small interest income from these foreign accounts, do I need to create and submit Form 1099-INT myself? None of these foreign banks provided any tax forms. Any advice would be incredibly helpful. I haven't been sleeping well since figuring this out.
20 comments


Natasha Kuznetsova
This is actually a fairly common situation for resident aliens, so try not to panic too much. The IRS has procedures in place specifically for people in your situation. For your questions: 1. The high maximum value versus lower year-end balance isn't necessarily a problem, but you do need to report the maximum value on the FBAR form (FinCEN Form 114). The forms specifically ask for the maximum value during the year, not just the year-end balance. 2. The standard lookback period is indeed 6 years for FBARs and 3 years for amended tax returns (Form 1040X with Form 8938). As long as there wasn't willful avoidance, this timeframe is generally sufficient under the Streamlined Filing Compliance Procedures. 3. You don't need to create or submit Form 1099-INT yourself. These are information returns that financial institutions file. What you need to do is report the interest income on Schedule B of your Form 1040 when you amend your returns, and check the box indicating you have foreign accounts. Make sure you include a detailed statement explaining that you were unaware of the filing requirements and are now voluntarily coming into compliance. Document everything carefully.
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Javier Mendoza
•Thanks for the helpful info. I'm wondering - do you know if there are different penalties for the FBAR vs the 8938? My situation is similar but my foreign accounts were around $200k max.
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Natasha Kuznetsova
•Yes, there are different penalty structures for FBAR and Form 8938 violations. For non-willful FBAR violations, penalties can be up to $10,000 per violation per year. However, if you qualify for the Streamlined Filing Compliance Procedures, these penalties are typically waived. For Form 8938 violations, the penalty starts at $10,000 with an additional $10,000 added for each 30 days of non-filing after IRS notification, up to a maximum of $50,000. However, if you can show reasonable cause (like genuinely not knowing about the requirement), these penalties can often be avoided.
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Emma Thompson
After dealing with a similar foreign account reporting nightmare last year, I found this amazing service that totally saved me - https://taxr.ai actually specializes in analyzing foreign account documentation and helping with FBAR and 8938 compliance issues. I had accounts in multiple countries and was completely lost about how to report everything correctly. What impressed me was how their system could scan all my foreign bank statements (even ones in different languages) and automatically extract the maximum balances and interest income. The tool then created a detailed compliance report showing exactly what I needed to file for each year and how to present it to minimize penalties.
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Malik Davis
•Did they help with the actual submission process too? Or just give you the information? I've got accounts in 3 countries and the reporting requirements are making my head spin.
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Isabella Santos
•How much did the service cost? I'm in a similar situation with accounts in Japan and Korea, but worried about spending a fortune to fix this.
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Emma Thompson
•They definitely helped with the submission process. They created all the draft forms for me with the correct information already populated, so I just had to review everything before filing. They have specific pathways for the Streamlined Filing Procedures that made it much easier than trying to figure it out myself. As for pricing, I don't remember the exact amount, but it was significantly less than what tax attorneys were quoting me - like a fraction of the cost. They base it on the complexity of your situation rather than charging hourly rates like most professionals. For me it was worth every penny considering the potential penalties I was facing.
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Isabella Santos
I wanted to follow up about my experience with taxr.ai since I went ahead and tried it after asking about the cost. Honestly, it was the best decision I could have made for my situation. The system handled my Japanese and Korean bank statements without any issues, even though some were PDFs and others were just screenshots. What I really appreciated was how it identified a pattern in my account usage that actually qualified me for an exception I didn't know about. The compliance report they generated was incredibly detailed, and I was able to submit everything within about 2 weeks. The peace of mind alone was worth it - I've been losing sleep over this for months. For anyone in a similar situation with foreign accounts and late FBAR/8938 filings, I'd definitely recommend checking them out. Wish I'd known about this service years ago!
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StarStrider
If you're having trouble reaching the IRS about your FBAR situation, I'd recommend using https://claimyr.com - I was in a similar panic last year with unreported accounts in Europe. Spent literally days on hold with the IRS trying to get guidance on the Streamlined Filing Procedures. Then I found this service that actually gets you through to an IRS agent quickly. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they use technology to wait on hold for you, then call you when they get an agent on the line. I was skeptical at first, but it worked amazingly well. I got connected to an agent who specializes in international tax issues and got all my questions answered directly from the source. They couldn't give me "advice" but could explain exactly what forms I needed and the proper procedures, which was invaluable.
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Ravi Gupta
•How long did you have to wait for their callback? I tried calling the IRS international tax line directly and gave up after 3+ hours on hold.
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Freya Pedersen
•This sounds like a scam. Why would anyone pay for something the IRS provides for free? You're probably just affiliated with this company trying to profit off people's tax anxiety.
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StarStrider
•I got the callback in about 45 minutes, which was amazing considering I had previously spent multiple hours on hold. The IRS international tax helpline is particularly overwhelmed during tax season, so this saved me a huge amount of time. I understand the skepticism - I felt the same way initially. I'm not affiliated with them at all, just someone who was in a similar FBAR compliance panic. The service exists because the IRS is chronically understaffed and their hold times are ridiculous. It's similar to paying for a tax prep service instead of doing it yourself - you're paying for convenience and time savings.
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Freya Pedersen
I need to apologize about my previous comment about Claimyr. After my frustration reached a breaking point trying to get information about the Streamlined Filing Procedures, I decided to try the service despite my skepticism. I'm genuinely shocked at how well it worked. Within an hour, I was speaking with an actual IRS international tax specialist who walked me through exactly what I needed to do for my specific situation with foreign accounts. The agent confirmed that I qualified for the simplified procedures and explained the exact documentation I needed to provide. What would have been days of stress and hold music turned into a productive 30-minute conversation that gave me clear direction. For anyone dealing with FBAR and 8938 compliance issues, being able to actually speak with the IRS directly is incredibly valuable. Definitely worth it for the peace of mind alone.
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Omar Hassan
Just to add my experience - I was in almost the exact same situation (resident alien, 5 years of unreported foreign accounts). I used the Streamlined Foreign Offshore Procedures to come into compliance last year. The key things that helped me: 1. Be SUPER organized with your documentation. Create a spreadsheet showing maximum balances for each account for each year. 2. Make sure your narrative statement is thorough and clearly explains that your failure to file was non-willful. Explain your background, why you weren't aware of the requirements, etc. 3. For the interest income, I just estimated based on the statements I could find. As long as you're making a good faith effort, that's what matters. 4. Don't panic about the penalties - if you qualify for streamlined procedures and file properly, the penalty is usually just 5% of the highest aggregate value of your foreign financial assets.
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Oliver Wagner
•Thank you so much for sharing your experience. Did you use an accountant or attorney to help with your filing, or did you handle everything yourself? I'm trying to decide if I need professional help or if this is something I can tackle on my own.
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Omar Hassan
•I started on my own but quickly realized I needed help with some of the more complex aspects. I ended up hiring a tax professional who specializes in international tax issues, which cost around $3,000. This was definitely expensive, but considering the potential penalties, it was worth it for me. That said, if your situation is relatively straightforward (just checking accounts with minimal interest), you might be able to handle it yourself if you're willing to put in the time to understand the requirements completely. The IRS instructions for the Streamlined Filing Procedures are actually surprisingly clear. The most important part is documenting everything meticulously and being completely transparent in your explanation for why you didn't file previously. The IRS is generally reasonable if they can see you're making a genuine effort to correct an honest mistake.
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Chloe Anderson
One thing nobody's mentioned - if your accounts are in a country that has a tax treaty with the US, check if there's any relief available under that treaty. For example, some countries have agreements that reduce or eliminate penalties for certain types of accounts. I discovered this after stressing for weeks about my accounts in Singapore. Turns out there were specific provisions that applied to my situation.
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Diego Vargas
•Do you have any resources on how to check these tax treaties? I have accounts in multiple European countries and haven't seen this mentioned in my research.
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Malik Jenkins
I went through this exact same situation about 2 years ago - resident alien with foreign accounts that I had no idea needed to be reported. The panic is real, but you're taking the right steps by addressing it proactively. A few things that helped me get through it: 1. The Streamlined Filing Compliance Procedures are specifically designed for situations like yours. Since you're a US resident, you'll likely use the Streamlined Domestic Offshore Procedures, which has a 5% penalty on the highest aggregate account value (but often waived for good faith efforts). 2. For the money transfers that inflated your maximum balances, document everything clearly in your statement. The IRS understands that temporary transfers can create high maximum values - just be transparent about what happened. 3. Don't worry too much about the exact interest amounts if they were minimal. Estimate as best you can from your records and note in your filing that these are good faith estimates due to lack of proper tax documents from foreign institutions. 4. Consider consulting with a tax professional who specializes in international compliance, especially given the 6-year lookback period. The cost might be worth it for peace of mind and to ensure everything is filed correctly. You're not alone in this - thousands of people discover these requirements late. The key is demonstrating that your failure to file was non-willful, which it clearly was.
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Natalie Khan
•This is really reassuring to hear from someone who went through the same process. I'm curious about one thing - when you mentioned documenting the money transfers that inflated the maximum balances, did you need to provide actual bank transfer records or was a detailed written explanation sufficient? I have some of the transfer documentation but not all of it, and I'm worried this might be a problem. Also, did you end up having to pay the 5% penalty, or were you able to get it waived? My maximum aggregate value was around $750k due to those transfers, so 5% would be pretty significant for me.
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