FBAR vs Form 8938 β the key differences
They look similar but are entirely separate obligations:
- FBAR (FinCEN Form 114) β goes to FinCEN (Treasury), not the IRS. One flat threshold: foreign accounts over $10,000 combined, at any time. Filed online through the BSA E-Filing system, separate from your taxes.
- Form 8938 (FATCA) β goes to the IRS, attached to your Form 1040. Higher, status- and residence-based thresholds. Covers a broader set of assets than just accounts.
The crucial point: filing one does not satisfy the other. Plenty of people must file both, reporting the same accounts twice to two different agencies.
The 2026 thresholds in full
FBAR: $10,000 combined foreign accounts, any time in the year. No status or residence variation.
Form 8938 (year-end / any-time):
- Living in US, single/separate: $50,000 / $75,000
- Living in US, married joint: $100,000 / $150,000
- Living abroad, single/separate: $200,000 / $300,000
- Living abroad, married joint: $400,000 / $600,000
You meet the 8938 requirement if you cross either the year-end or the any-time figure for your bracket.
What happens if you don't file
The penalties are why these forms matter so much:
- FBAR β non-willful failures can draw penalties around $10,000+ per violation; willful failures can reach the greater of ~$100,000+ or half the account balance.
- Form 8938 β $10,000 for failure to file, rising with continued non-compliance, plus accuracy penalties on related under-reported income.
If you're behind, the IRS Streamlined Filing Compliance Procedures and Delinquent FBAR Submission Procedures exist to help you get current β often with reduced or no penalties β but only if you come forward before the IRS finds you. This is where a professional earns their fee.
Frequently asked questions
Q. I'm a green card holder living abroad β do these apply?
A. Yes. Green card holders are US persons for these purposes, wherever they live, and use the "living abroad" 8938 thresholds if they qualify.
Q. Do I report the same account on both forms?
A. Often yes β the same foreign bank account can appear on both the FBAR and Form 8938. They're separate filings to separate agencies, so duplication is normal.
Q. Does owing no tax mean I don't have to file?
A. No. These are information returns. You can owe zero tax and still be required to file the FBAR and/or Form 8938 β and still face penalties for not filing.
Sources: FinCEN Form 114 (FBAR) $10,000 threshold; IRS Form 8938 (FATCA) thresholds by filing status and residence; IRS "Comparison of Form 8938 and FBAR requirements." 2026 figures as shown. This is an independent self-assessment tool, not tax or legal advice; "US person" status, asset categorization and special account rules are fact-specific. Consult a licensed cross-border CPA or tax attorney. See also our SPT, exit tax and NRA estate tax tools.