FAQ
Frequently asked questions
Do I need to file an FBAR if no tax is due?
Yes, if the combined maximum value of your foreign financial accounts was over $10,000 at any time during the year. The FBAR is a reporting requirement filed with FinCEN, separate from your income tax return. It applies even if the accounts earned nothing, and penalties for not filing can be significant, so it is worth getting right.
What is the difference between the FBAR and Form 8938?
The FBAR (FinCEN 114) is filed with FinCEN and covers foreign financial accounts over a combined $10,000. Form 8938 is filed with your tax return, has higher thresholds that depend on filing status and where you live, and covers a broader range of foreign financial assets. Many people with foreign accounts must file both, and the information on them should be consistent.
My US LLC is owned by a foreign person. Do I have a filing requirement?
Generally yes. Foreign-owned single-member LLCs and US corporations that are at least 25% foreign-owned usually must file Form 5472, reporting transactions with their foreign owners, even when the company has little activity. The penalty for missing it is steep, so new foreign-owned companies should plan for it from their first year.
Should I use the foreign tax credit or the foreign earned income exclusion?
It depends on where you live, how much foreign tax you pay and your long-term plans. The exclusion can remove a portion of foreign wages from US tax, while the credit offsets US tax with foreign tax already paid. In higher-tax countries the credit often works better. Choosing the exclusion can also limit your ability to switch later, so we compare both before you file.
I missed several years of foreign reporting. What now?
Talk to a professional before filing anything. The IRS has several procedures for catching up, and the right one depends on your facts, including whether the failure was non-willful. Filing the wrong way can cost more than it saves. We review your history, explain the options that may apply and prepare the filings once you decide.