US Compliance

FBAR and FATCA: US Reporting Requirements for NRIs

December 28, 2024
7 min read

Critical Compliance Alert

Non-compliance with FBAR and FATCA requirements can result in severe penalties ranging from $10,000 to $60,000 or more. US persons (including NRIs) must report foreign financial accounts.

Who Must Comply?

US Persons include:

  • US citizens (including those living abroad)
  • US permanent residents (Green Card holders)
  • US tax residents (meeting substantial presence test)
  • US entities, trusts, and estates

FBAR (Foreign Bank Account Reporting)

When to File FBAR

Threshold

Aggregate value of foreign accounts exceeds $10,000 at any time during the calendar year

Filing Deadline

April 15 (automatically extended to October 15 - no extension request needed)

Accounts to Report

✅ Must Report

  • • Bank accounts (savings, current)
  • • Fixed deposits
  • • Investment accounts
  • • Mutual fund accounts
  • • Demat accounts
  • • NRI accounts (NRE, NRO)

❌ Generally Excluded

  • • Direct stock holdings
  • • Real estate
  • • Precious metals
  • • Cryptocurrency (unless in account)
  • • Safe deposit boxes

FATCA (Foreign Account Tax Compliance Act)

Form 8938 Requirements

Reporting Thresholds (Living Abroad)

Single Filers:

  • • $200,000 on last day of year, OR
  • • $300,000 at any time during year

Joint Filers:

  • • $400,000 on last day of year, OR
  • • $600,000 at any time during year

FATCA vs FBAR: Key Differences

AspectFBARFATCA
Threshold$10,000$200,000+ (abroad)
FormFinCEN Form 114Form 8938
FilingSeparate e-filingWith tax return
DeadlineApril 15 (auto extension)Tax return deadline

Step-by-Step Filing Process

For FBAR Filing

1

Collect Account Information

Bank name, address, account number, maximum balance during the year

2

Access BSA E-Filing System

Visit BSA E-Filing System website and create account if needed

3

Complete Form 114

Fill in personal information and account details for each foreign account

4

Submit Electronically

Review and submit - keep confirmation receipt for records

Common NRI Scenarios

Scenario 1: H-1B Visa Holder

Situation: US resident with NRO account in India containing ₹12 lakh ($14,500)

Requirement: Must file FBAR (exceeds $10,000). May need FATCA depending on total foreign assets.

Scenario 2: US Citizen Working in India

Situation: Multiple Indian bank accounts totaling $85,000

Requirement: Must file both FBAR and FATCA (if single and living abroad).

Penalties for Non-Compliance

FBAR Penalties

  • Non-willful: Up to $12,921 per account per year
  • Willful: Greater of $129,210 or 50% of account balance
  • Criminal penalties: Up to $500,000 and 10 years imprisonment

FATCA Penalties

  • Failure to file: Up to $60,000 per form
  • Understatement: 40% penalty on underreported tax

💡 Pro Tips for Compliance

  • • Set calendar reminders for filing deadlines
  • • Keep detailed records of account statements
  • • Use currency conversion rates from IRS or Federal Reserve
  • • Consider professional help for complex situations
  • • File even if accounts are dormant or have zero balance