FBAR and Form 8938

U.S. persons file an FBAR (FinCEN Form 114) with FinCEN when foreign financial accounts total more than $10,000 at any time in the year, and separately attach Form 8938 to their return when specified foreign assets exceed $50,000 at year-end or $75,000 at any time (single, living in the U.S.); meeting both thresholds means filing both.

Updated 2026-09-23 · 4 sources · By the EnrolledAgentKit team
Exam part
Part 1
Individuals
IRS domain
Specialized Returns for Individuals
11 of 85 scored Qs
Tax year tested
2025
2026-27 SEE
Practice questions
13
10 free below

The rules the exam tests

Figures for tax year 2025, the year the 2026-27 SEE tests. Verify against the cited primary source.
RuleWhat it says (2025)Source
FBAR thresholdAggregate > $10,000 at any time31 CFR 1010.350
FBAR filingElectronically with FinCEN (BSA E-Filing), due April 15, auto-extended to Oct 15FinCEN
8938 thresholds, in U.S.Single $50,000 year-end / $75,000 any time; MFJ $100,000 / $150,000IRC 6038D; Form 8938 instr.
8938 thresholds, abroadSingle $200,000 / $300,000; MFJ $400,000 / $600,000Form 8938 instr.
Assets on 8938 onlyDirectly held foreign stock, foreign partnership interestsIRS comparison chart
FBAR penaltiesNon-willful up to $10,000 (adjusted) per report (Bittner, 2023); willful greater of $100,000 (adjusted) or 50%31 USC 5321
8938 penalties$10,000 + up to $50,000 after notice; 40% accuracy penalty on related understatementsIRC 6038D(d)
Statute effectAssessment period stays open until the foreign information is furnishedIRC 6501(c)(8)
Worked example

Facts: Single taxpayer living in Texas. Mexican bank account peaked at $60,000 in June, $30,000 on Dec. 31; she also directly holds Mexican company shares worth $30,000 all year.

FBAR: accounts exceeded $10,000, so file (the shares are not an account). Form 8938: specified assets were $90,000 at the June peak (> $75,000), so file, listing both the account and the shares.

Exam traps

  • FBAR thresholds use aggregate balances at any time.
  • The FBAR does not go with the Form 1040.
  • Foreign real estate held directly is on neither form.
  • Signature authority alone can require an FBAR.

FBAR and Form 8938: 10 free practice questions

FBAR and Form 8938 practice questions

What aggregate balance triggers the FBAR filing requirement?

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Frequently asked questions

Do I file both the FBAR and Form 8938?

If you meet both thresholds, yes. They are separate requirements with different assets and penalties.

When is the FBAR due?

April 15, with an automatic extension to October 15.

Sources

  1. IRS - Report of Foreign Bank and Financial Accounts (FBAR) (accessed 2026-09-23)
  2. IRS - Comparison of Form 8938 and FBAR requirements (accessed 2026-09-23)
  3. IRS - SEE Part 1 content specifications (Individuals) (accessed 2026-09-23)
  4. IRS - Enrolled agents: Frequently asked questions (accessed 2026-09-23)