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FBAR Guard

Must I report foreign accounts owned solely by my non-U.S. spouse?

Updated

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Short answer

No, not just because you're married. You report foreign accounts in which you have a financial interest or signature or other authority. IRS guidance says family attribution rules don't apply to the FBAR.⁠Source 1⁠Source 2

How the rule works

An account in your spouse's sole name is reportable for you in only two situations. Either your spouse holds it on your behalf, as your agent or nominee, or you can move money from it by instructing the bank directly.⁠Source 1⁠Source 2

Example

Your non-U.S.-person spouse has a personal foreign account in their sole name. You are not a signatory, the account isn't held for you, and you can't instruct the bank. The account doesn't go on your FBAR.⁠Source 1⁠Source 2

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

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