Form 8938 – Foreign Financial Assets Reporting Requirements

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In today's increasingly globalized world, it is common for individuals to have foreign financial assets. However, the IRS requires taxpayers to report these assets to ensure compliance with tax laws. Form 8938 is one such reporting requirement that taxpayers need to be aware of.

What is Form 8938?

IRS Form 8938, also known as the Statement of Specified Foreign Financial Assets, is a form used by the IRS to track the foreign financial assets of US taxpayers. The form was introduced in 2011 as part of the Foreign Account Tax Compliance Act (FATCA), which was designed to increase transparency in international tax compliance.

Who needs to file Form 8938?

Any US taxpayer who meets the filing threshold must file Form 8938. The filing threshold varies depending on the taxpayer's filing status and whether they live in the US or abroad.

For taxpayers who live in the US and file their tax returns as single, married filing separately, or head of household, the filing threshold is $50,000 of foreign financial assets on the last day of the tax year or $75,000 at any time during the tax year. For married taxpayers who file a joint tax return, the threshold is $100,000 of foreign financial assets on the last day of the tax year or $150,000 at any time during the tax year.

For taxpayers who live abroad and file a tax return, the filing threshold is $200,000 of foreign financial assets on the last day of the tax year or $300,000 at any time during the tax year. For married taxpayers who file a joint tax return, the threshold is $400,000 of foreign financial assets on the last day of the tax year or $600,000 at any time during the tax year.

What qualifies as a specified foreign financial asset?

Specified foreign financial assets include:

  • Any financial account held at a foreign financial institution
  • Any stock, security, or other interest in a foreign entity
  • Any financial instrument or contract held for investment that has a foreign issuer or counterparty
  • Any interest in a foreign pension plan or deferred compensation plan
  • Any interest in a foreign estate or trust

How to file Form 8938?

Form 8938 must be filed with the taxpayer's annual tax return, and it must be submitted electronically. Taxpayers can use tax preparation software or hire a tax professional to help them file the form.

What happens if a taxpayer fails to file Form 8938?

If a taxpayer fails to file Form 8938 or does not include all required information, they may face penalties. The penalty for failing to file Form 8938 is $10,000, with an additional penalty of $10,000 for each 30-day period the form is not filed, up to a maximum penalty of $60,000. In addition, failure to file Form 8938 may result in the IRS auditing the taxpayer's tax returns and imposing additional penalties.

Conclusion

Form 8938 is an important reporting requirement for US taxpayers with foreign financial assets. Taxpayers must understand the filing threshold and the types of assets that qualify as specified foreign financial assets. Failing to file the form or including inaccurate information can result in penalties, so it is important to file the form correctly and on time. Taxpayers can seek the assistance of a tax professional if they are unsure about how to file IRS Form 8938 or if they have any questions about their foreign financial assets.

Reference: https://www.patreon.com/posts/form-8938-assets-78766383/

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