FBAR FAQ for Indians in the US
Do I need to file an FBAR if I only have an NRE account in India?
If you are a US person and the combined value of all your foreign financial accounts exceeded $10,000 at any time during the year, an FBAR is generally required. An NRE account counts toward that total.
Is the FBAR threshold per account or combined?
Combined. The aggregate value of all reportable foreign financial accounts is tested, so several accounts that are each under $10,000 can still require a filing.
Are Indian mutual funds reportable?
Mutual fund accounts at Indian institutions are generally reportable on the FBAR. Many Indian mutual funds are also PFICs, which can require Form 8621. See mutual funds and PFIC.
Is my EPF account reportable?
Practitioners generally treat the EPF as reportable on the FBAR. The deemed trust question and any Form 3520 or 3520-A reporting need separate analysis. See EPF and PPF.
Does the India-US FATCA agreement remove my FBAR obligation?
No. The agreement governs reporting by Indian institutions. It does not remove your own FBAR and reporting obligations as a US person.
Can I file a late FBAR for past years?
Possibly. Delinquent filing procedures may be available depending on the facts, including whether the failure was willful. Do not file a correction until the options have been reviewed. See consultation.
Is a cash-value life insurance policy an FBAR account?
A life insurance or annuity contract with a cash value can be a financial account for FBAR purposes. Review each policy rather than assuming it is outside the rules. See life insurance.
What are the penalties for not filing?
Civil penalties can apply for late or inaccurate filings and can be substantial, particularly where a failure is judged willful. Penalty exposure depends on the facts for each year, so a professional review is important before any correction.
Will I owe tax on the money in my Indian account?
Not always. The FBAR is a reporting requirement, not a tax. Income earned in the account, such as interest, dividends and gains, may be taxable in the US, and tax paid in India may be creditable. The result depends on the account and your situation.
Are you affiliated with the IRS, FinCEN or the Government of India?
No. FBARIndia is an independent site and is not affiliated with the IRS, FinCEN or the Government of India.
Did you know?
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These answers are general information based on the rules described on this site. They may not reflect your facts, your state or any recent change. Confirm the current rules on fincen.gov and irs.gov and consult a qualified professional before acting.