Must I report foreign accounts owned solely by my non-U.S. spouse?
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Short answer
How the rule works
Example
What to check
Check the account title, the bank's mandate and whether your spouse holds any of the money on your behalf. The FBAR regulation defines a financial interest by the name on the account, agent or nominee arrangements and ownership of entities or trusts. It doesn't mention marital property regimes, such as community of property. Include any account you can instruct the bank to pay from, even without ownership.Source 1Source 2
Related questions
- Does my non-U.S. spouse need to file an FBAR for our joint account?
- Is my spouse's savings account joint because we share a checking account?
- Can my spouse and I file one FBAR together?
- Can spouses file one FBAR if one spouse has signature authority over an employer's foreign account?
- Signature and other authorityWhen being able to move money from an account you don't own makes it reportable.
Full rules and more examples: Joint accounts, spouses and children
Sources
Official sources used for this page.
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
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