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Certain U.S. taxpayers holding specified foreign financial assets with an aggregate value exceeding $50,000 will report information about those assets on new Form 8938, which must be attached to the taxpayer's annual income tax return.
Information return penalties: Where a taxpayer must file a Form 8938, disclosing his or her interest in "specified foreign financial assets," fails to do so for any tax year, the taxpayer is subject to a penalty of $10,000.
Use Form 8938 to report your specified foreign financial assets if the total value of all the specified foreign financial assets in which you have an interest is more than the appropriate reporting threshold.
It is a form that discloses accounts and assets held in other countries outside of the United States. If you have a requirement to make a report of your foreign assets and/or accounts under FATCA, you will need to file the IRS Form 8938 with your federal income tax return each year to comply with IRS requirements.
Married filing separately \u2013 You must file Form 8938 if your foreign financial assets totaled more than $50,000 on December 31. Or more than $75,000 at their highest point during the year. Unmarried individuals \u2013 You must file Form 8938 if your foreign financial assets totaled more than $50,000 on December 31.
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Unless an exception applies, you must file Form 8938 if you are a specified person (see Specified Person, later) that has an interest in specified foreign financial assets and the value of those assets is more than the applicable reporting threshold.
You must file Form 8938 if: You are a specified person (either a specified individual or a specified domestic entity). ... You have an interest in specified foreign financial assets required to be reported.
The Form 8938 filing requirement does not replace or otherwise affect a taxpayer's obligation to file FinCEN Form 114 (Report of Foreign Bank and Financial Accounts). Unlike Form 8938, the FBAR (FinCEN Form 114) is not filed with the IRS.
To get into the nitty gritty of it, if you're a U.S. taxpayer who lives outside of the U.S. and holds a total combined value of foreign assets worth more than $300,000 at any time during the year (or $200,000 on the last day of the year) you need to report it on Form 8938.
The FBAR must be filed when a U.S. person has foreign bank accounts with an aggregate high balance of $10,000 at any point during the tax year. Form 8938, by contrast, has different monetary thresholds depending upon the tax filing status and location of the taxpayer.

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