If you’re an expat with foreign bank accounts or investments, understanding FATCA reporting requirements is key to staying compliant and avoiding steep penalties. Under the Foreign Account Tax Compliance Act (FATCA), you may need to report specified foreign financial assets each year on Form 8938, while also meeting separate FBAR obligations for foreign bank accounts. This guide breaks down exactly what you need to know, whether you’re just starting your expat journey or you’ve been abroad for years.

Understand FATCA requirements

Who needs to file

As a U.S. person living abroad, you must report your foreign financial assets if they exceed certain thresholds. That includes:

  • U.S. citizens and green card holders residing in a foreign country
  • Dual citizens who file U.S. tax returns
  • Domestic entities you control that hold specified foreign assets

Which assets to report

FATCA targets a broad range of holdings, such as:

  • Foreign bank and brokerage accounts
  • Equity and debt interests in foreign entities
  • Life insurance or annuity contracts with cash values
  • Foreign mutual funds and trusts

Check reporting thresholds

You only need to file Form 8938 if your total specified foreign financial assets exceed the FATCA reporting thresholds for your filing status. For details on which thresholds apply to you, see FATCA reporting threshold.

File form 8938

Gather required documents

Before you start, gather:

  • Year-end statements for each account
  • Asset valuations in U.S. dollars
  • Records of any foreign taxes paid
  • Your previous tax return and any earlier Form 8938

Complete the form

When filling out Form 8938:

  1. List each asset with a description and maximum value
  2. Report any income generated by those assets
  3. Attach the form to your annual Form 1040
  4. If your financial institution asks for a FATCA Form W-9, follow the guidelines in FATCA form w-9

Filing deadlines

Form 8938 follows your income tax return due date. Keep in mind:

  • Standard due date is April 15, with an automatic six-month extension to October 15
  • Late filing can trigger penalties even if you owe no tax

Handle FBAR obligations

When you need to file FBAR

Separate from FATCA, you must file FinCEN Form 114, Report of Foreign Bank and Financial Accounts, if the aggregate value of your foreign accounts exceeded $10,000 at any time during the calendar year.

How to file FBAR

To meet your FBAR reporting requirements:

Avoid common penalties

FATCA penalties

The IRS enforces FATCA reporting requirements with strict penalties:

  • $10,000 failure to file penalty
  • Up to $50,000 additional penalty for continued failure after IRS notification
  • 40 percent penalty on the understatement of tax due to undisclosed assets

FBAR penalties

FBAR penalties are separate and can be severe:

  • Non-willful violation: up to $10,000 per violation
  • Willful violation: the greater of $100,000 or 50 percent of the account value
  • For full details see FBAR penalty rules and FBAR maximum penalty

Use IRS resources

Search the GIIN list

Approved foreign financial institutions receive a global intermediary identification number (GIIN) under FATCA. You can download the monthly list of GIINs from the IRS website to verify your institution’s status.

Access IDES

The International Data Exchange Service (IDES) allows secure data transmission between foreign financial institutions and the IRS. Learn more on the IRS website, or review the official FATCA IRS regulations for full guidance.

Key reporting takeaways

  • You must follow FATCA reporting requirements if your specified foreign assets exceed the thresholds for your filing status
  • File Form 8938 by your Form 1040 due date and FinCEN Form 114 by the FBAR deadline
  • Keep detailed records of all accounts, valuations, and related income
  • Missing deadlines or filings can trigger separate FATCA and FBAR penalties
  • Use IRS resources like the GIIN list and IDES to stay up to date on compliance

Start organizing your statements and reviewing thresholds today to keep your expat tax filings on track. If you have questions, consider consulting a tax professional who specializes in U.S. expat compliance.