The rules the exam tests
| Rule | What it says (2025) | Source |
|---|---|---|
| FBAR threshold | Aggregate > $10,000 at any time | 31 CFR 1010.350 |
| FBAR filing | Electronically with FinCEN (BSA E-Filing), due April 15, auto-extended to Oct 15 | FinCEN |
| 8938 thresholds, in U.S. | Single $50,000 year-end / $75,000 any time; MFJ $100,000 / $150,000 | IRC 6038D; Form 8938 instr. |
| 8938 thresholds, abroad | Single $200,000 / $300,000; MFJ $400,000 / $600,000 | Form 8938 instr. |
| Assets on 8938 only | Directly held foreign stock, foreign partnership interests | IRS comparison chart |
| FBAR penalties | Non-willful up to $10,000 (adjusted) per report (Bittner, 2023); willful greater of $100,000 (adjusted) or 50% | 31 USC 5321 |
| 8938 penalties | $10,000 + up to $50,000 after notice; 40% accuracy penalty on related understatements | IRC 6038D(d) |
| Statute effect | Assessment period stays open until the foreign information is furnished | IRC 6501(c)(8) |
Facts: Single taxpayer living in Texas. Mexican bank account peaked at $60,000 in June, $30,000 on Dec. 31; she also directly holds Mexican company shares worth $30,000 all year.
FBAR: accounts exceeded $10,000, so file (the shares are not an account). Form 8938: specified assets were $90,000 at the June peak (> $75,000), so file, listing both the account and the shares.
Exam traps
- FBAR thresholds use aggregate balances at any time.
- The FBAR does not go with the Form 1040.
- Foreign real estate held directly is on neither form.
- Signature authority alone can require an FBAR.
FBAR and Form 8938: 10 free practice questions
FBAR and Form 8938 practice questions
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Frequently asked questions
Do I file both the FBAR and Form 8938?
If you meet both thresholds, yes. They are separate requirements with different assets and penalties.
When is the FBAR due?
April 15, with an automatic extension to October 15.
Sources
- IRS - Report of Foreign Bank and Financial Accounts (FBAR) (accessed 2026-09-23)
- IRS - Comparison of Form 8938 and FBAR requirements (accessed 2026-09-23)
- IRS - SEE Part 1 content specifications (Individuals) (accessed 2026-09-23)
- IRS - Enrolled agents: Frequently asked questions (accessed 2026-09-23)