Reporting of foreign asset ownership may require filing more than one form starting this filing season.
FATCA (Foreign Account Tax Compliance Act) requires certain U.S. taxpayers holding foreign financial assets with an aggregate value exceeding $50,000 to report certain information about those assets on a new form 8938 that the taxpayers must attach to their 1040 tax return for 2011. Failure to report foreign financial assets on form 8938 will result in a penalty of $10 000.
Form 8938 does not replace FBAR TD F 90-22.1 filing requirements. Certain foreign financial accounts are reported on both form 8938 and FBAR. However, the information required by the forms is not identical in all cases. Different rules, key definitions, and reporting requirements apply to form 8938 and FBAR reporting. For FBAR purposes, a filer (defined broadly as a U.S. person applies to individuals as well as to all type of entities) must report a financial account if the filer had a financial interest or signature authority in the financial account during the previous calendar year and minimum $10 000 reporting threshold.
For purposes of filing form 8938, an individual has foreign financial assets if potential tax attributes or transactions related to the account would be reported on the individual’s tax return. Financial assets include any stock or securities issued by non-U.S. persons and interest in a foreign entity. Form 8938 applies only to individuals for 2011.
For more information contact Ann-Christine Westerlund, westmusa@aol.com, www.westmusa.com
