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FBAR Guard

Is my spouse's savings account joint because we share a checking account?

Updated

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Short answer

No. Sharing one account doesn't make your spouse's other accounts joint. Each account's ownership depends on whose name it is in.⁠Source 1⁠Source 2

How the rule works

An account in only one spouse's name is that spouse's account. The other spouse has a financial interest in it only if it is held for them by someone acting as their agent or nominee. They have signature authority over it if they can instruct the bank to pay money out of it.⁠Source 1⁠Source 2

Example

You and your spouse share a foreign checking account. Your spouse also has a savings account in their sole name that transfers money to the checking account. The transfers don't make the savings account joint.⁠Source 1⁠Source 2

What to check

Check the account agreement, named owners and bank mandate for the savings account. Report each account on its own ownership and authority facts.⁠Source 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