Who Needs to File an FBAR?
As per the instructions for Form FinCEN 114 (the FBAR), any United States person with a combined financial interest of $10,000 or more in non-US financial accounts must file an FBAR.
But, who is a United States Person? This is defined in 26 U.S.C. section 7701(b) of the United States Code. Here’s a handy list below.
A United States Person is:
- A US Citizen
- A Green Card Holder (permanent resident)
- A foreign citizen who has met the substantial presence test (greater than 183 days in the US over a 3 year period, subject to other tests)
- A foreign citizen who elects to be treated as a US tax resident
As you can see above, the requirement to file an FBAR is not limited just to US citizens, but also to foreign citizens who reside in the US for long enough to be considered a tax resident.