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FBAR Guard

Is an investment account jointly owned because it was funded from a joint bank account?

Updated

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Short answer

No. Paying into it from a joint account doesn't make you a joint owner. What counts is whose name the investment account is in, whether it is held on your behalf, and who can instruct the institution to pay money or assets out of it.⁠Source 1⁠Source 2

How the rule works

A foreign brokerage or securities account can be reportable. Ownership follows the account's legal title, or an agent or nominee holding it for you. Signature authority follows who can direct the institution to pay out or transfer money or assets from the account; authority only to buy and sell investments within the account isn't signature authority. The source of the money doesn't decide either.⁠Source 3⁠Source 1⁠Source 2

Example

A couple transfers $15,000 from their jointly owned foreign checking account to a foreign brokerage account in spouse B's sole name. The checking account is joint. The brokerage account isn't, even though both spouses' money funded it.⁠Source 1⁠Source 2

What to check

Check the brokerage agreement for the named owners and anyone who can withdraw or transfer money or assets out of the account. A person who can only place trades doesn't have signature authority through that power. Report each foreign account on its own facts.⁠Source 1⁠Source 2

Related questions

Full rules and more examples: Joint accounts, spouses and children

Sources

Official sources used for this page.

  1. Source 1: eCFR, 31 CFR § 1010.350 — Reports of foreign financial accounts (opens in a new tab)

    Who has a reportable financial interest in accounts, the rule for owners of record and the definition of signature authority.

    ecfr.govChecked Back to text

  2. Source 2: IRS, Internal Revenue Manual 4.26.16 — FBAR (opens in a new tab)

    Financial interests, signature authority, U.S. residency (including 6013(g)/(h) elections and treaties), family attribution, spousal filing, Form 114a parts and amended-FBAR identifiers.

    irs.govChecked Source updated Back to text

  3. Source 3: IRS, Report of Foreign Bank and Financial Accounts (FBAR) (opens in a new tab)

    U.S.-person and $10,000 tests, spousal exception, irrelevance of income-tax filing status and extensions for certain employees and officers.

    irs.govChecked Back to text