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FBAR Guard

Can we file one FBAR if one spouse has an account in their own name?

Updated

Checked against official sources on How we check

Short answer

Yes, if the spouse with the separate account is the one who files. If the non-filing spouse has a separately owned foreign account they must report, the spousal exception doesn't apply.⁠Source 1⁠Source 2

How the rule works

FinCEN's condition applies to the non-filing spouse: every foreign account that spouse must report has to be jointly owned with the filing spouse. The filing spouse can have accounts of their own. A separately owned account below $10,000 is still reportable if its owner's foreign accounts together exceed the threshold.⁠Source 1⁠Source 2

Example

A and B jointly own a foreign account worth $12,000. B also owns a $500 foreign account alone. B must report both, so A can't cover B under the spousal exception. If instead A owns that extra $500 account, A can report the joint account and their own account while B uses the exception. The FBAR must be timely and both spouses must have signed Form 114a.⁠Source 1⁠Source 3

What to check

List the joint and separate accounts for each spouse and decide which spouse would file. Check that the non-filing spouse has no other account or signature authority to report. Then confirm the timely-filing and Form 114a conditions.⁠Source 1⁠Source 3

Related questions

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

Sources

Official sources used for this page.

  1. Source 1: FinCEN, Filing for Spouse (opens in a new tab)

    Three conditions for reporting jointly owned accounts on one spouse's FBAR and use of Form 114a.

    fincen.govChecked Back to text

  2. Source 2: 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

  3. Source 3: 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