Form 8938: FATCA Thresholds and Who Must File

Form 8938 reports specified foreign financial assets, and the IRS instructions (Rev. November 2021) say an unmarried specified individual living in the United States satisfies the reporting threshold only if the total value of those assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year; for an unmarried individual living outside the United States the amounts are $200,000 and $300,000. Married filing jointly the amounts are $100,000 and $150,000 in the United States and $400,000 and $600,000 outside it, and the instructions say the form is required unless an exception applies.

Maintained by Archie Chang · Sources checked against IRS text on November 2, 2026 · Methodology & sources

Not an official source. FedRateCalc is independent and is not affiliated with the Internal Revenue Service (IRS) or the Financial Crimes Enforcement Network (FinCEN). IRS.gov is the authority for forms and instructions, and the quoted text on this page is copied from the IRS and FinCEN documents listed under Sources. This page describes what those documents say and is not tax advice. When we checked on November 2, 2026, the IRS About Form 8938 page listed the Form 8938 and Instructions for Form 8938 PDFs under “Current revision”, both PDFs were marked Rev. November 2021, and the IRS comparison page and FinCEN pages quoted here were reachable.

What Form 8938 is and who must file

The IRS describes the form in one sentence and says who must file in the instructions:

“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.”
IRS, About Form 8938
“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.”
IRS Instructions for Form 8938 (Rev. November 2021), Who Must File
“Exception if no income tax return required. If you do not have to file an income tax return for the tax year, you do not have to file Form 8938, even if the value of your specified foreign financial assets is more than the appropriate reporting threshold.”
IRS Instructions for Form 8938 (Rev. November 2021), Who Must File

The Form 8938 and its instructions are both marked Rev. November 2021, and the instructions say this about their revision cycle:

“Form 8938 and these instructions have been converted from an annual revision to continuous use. Both the form and instructions will be updated as needed. For the most recent versions, go to IRS.gov/ Form8938.”
IRS Instructions for Form 8938 (Rev. November 2021), What’s New

The IRS About Form 8938 page showed this under “Recent developments” when we checked on November 2, 2026:

“Recent developments
None at this time.
”
IRS, About Form 8938

Specified individuals and specified domestic entities

The instructions call a specified individual or a specified domestic entity a “specified person”. They list each group in full, and the quotes below are those complete lists.

“You are a specified individual if you are one of the following.
A U.S. citizen.

A resident alien of the United States for any part of the tax year (but see Reporting Period, later).

A nonresident alien who makes an election to be treated as a resident alien for purposes of filing a joint income tax return.

A nonresident alien who is a bona fide resident of American Samoa or Puerto Rico. See Pub. 570, Tax Guide for Individuals With Income From U.S. Possessions, for a definition of bona fide resident.
”
IRS Instructions for Form 8938 (Rev. November 2021), Specified Individual
“You are a specified domestic entity if you are one of the following.
A closely held domestic corporation that has at least 50% of its gross income from passive income.

A closely held domestic corporation if at least 50% of its assets produce or are held for the production of passive income (see Passive income and Percentage of passive assets held by a corporation or partnership, later).

A closely held domestic partnership that has at least 50% of its gross income from passive income.

A closely held domestic partnership if at least 50% of its assets produce or are held for the production of passive income (see Passive income and Percentage of passive assets held by a corporation or partnership, later).

A domestic trust described in section 7701(a)(30)(E) that has one or more specified persons (a specified individual or a specified domestic entity) as a current beneficiary.
”
IRS Instructions for Form 8938 (Rev. November 2021), Specified Domestic Entity

Reporting thresholds

The instructions say a specified individual’s threshold depends on whether the person is married, files a joint federal income tax return, and lives inside or outside the United States. Each amount in the table is a “more than” amount: the instructions word it as more than the amount on the last day of the tax year, or more than the amount at any time during the tax year.

“Taxpayers living in the United States. If you do not live outside the United States, you satisfy the reporting threshold discussed next that applies to you, and no exception applies, file Form 8938 with your income tax return.”
IRS Instructions for Form 8938 (Rev. November 2021), Types of Reporting Thresholds
“Taxpayers living outside the United States. If your tax home is in a foreign country, you meet one of the presence abroad tests described next, and no exception applies, file Form 8938 with your income tax return if you satisfy the reporting threshold discussed next that applies to you.”
IRS Instructions for Form 8938 (Rev. November 2021), Types of Reporting Thresholds
“You satisfy the presence abroad test if you are one of the following.
A U.S. citizen who has been a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year.

A U.S. citizen or resident who is present in a foreign country or countries at least 330 full days during any period of 12 consecutive months that ends in the tax year being reported.
”
IRS Instructions for Form 8938 (Rev. November 2021), Types of Reporting Thresholds, “Presence abroad”
Reporting thresholds in the Instructions for Form 8938 (Rev. November 2021), “Types of Reporting Thresholds”. The instructions state these as fixed dollar amounts.
WhoLast day of the tax yearAt any time during the tax year
Unmarried, living in the United StatesMore than $50,000More than $75,000
Married filing a joint return, living in the United StatesMore than $100,000More than $150,000
Married filing separate returns, living in the United StatesMore than $50,000More than $75,000
Unmarried, living outside the United StatesMore than $200,000More than $300,000
Married filing a joint return, living outside the United StatesMore than $400,000More than $600,000
Married filing separate returns, living outside the United StatesMore than $200,000More than $300,000
Specified domestic entityMore than $50,000More than $75,000

The IRS comparison page, which its footer shows was last reviewed 19-Sep-2026, lists the same amounts. It groups an unmarried individual and a married individual filing separately in one line.

“Page Last Reviewed or Updated: 19-Sep-2026”
IRS, Comparison of Form 8938 and FBAR requirements, page footer

Threshold checker

The checker compares two totals with the table above, to the cent. A total equal to the amount is not more than the amount. The definitions of specified person, the exceptions, the valuation rules and the presence abroad tests in the instructions also apply.

Compare two totals with the amounts in the instructions

$
$

Amounts for this choice in the instructions: more than $50,000 on the last day of the tax year, or more than $75,000 at any time during the tax year.

Enter both totals (0 or more) to compare them.

The checker only compares the amounts, to the cent; it does not decide whether a person must file.

Specified foreign financial assets

The instructions define what counts toward the total value:

“Specified foreign financial assets include the following assets.
1. Financial accounts maintained by a foreign financial institution.

2. The following foreign financial assets if they are held for investment and not held in an account maintained by a financial institution.

a. Stock or securities issued by someone that is not a U.S. person (including stock or securities issued by a person organized under the laws of a U.S. possession).

b. Any interest in a foreign entity.

c. Any financial instrument or contract that has an issuer or counterparty that is not a U.S. person (including a financial contract issued by, or with a counterparty that is, a person organized under the laws of a U.S. possession).
”
IRS Instructions for Form 8938 (Rev. November 2021), Specified Foreign Financial Assets, “Types of Specified Foreign Financial Assets”
“For foreign financial assets excepted from reporting, see Assets Not Required To Be Reported, later.”
IRS Instructions for Form 8938 (Rev. November 2021), Specified Foreign Financial Assets, “Types of Specified Foreign Financial Assets”

Form 8938 and the FBAR are separate filings

The FBAR is FinCEN Form 114. The IRS comparison page opens with this, and FinCEN’s own page and due date notice give the FBAR facts used on this page:

“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. It must be filed directly with the office of Financial Crimes Enforcement Network (FinCEN), a bureau of the Department of the Treasury, separate from the IRS.”
IRS, Comparison of Form 8938 and FBAR requirements, introduction
“A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year.”
FinCEN, Report Foreign Bank and Financial Accounts, “Who Must File the FBAR?”
“[…]
the annual due date for filing FBARs for foreign financial accounts is April 15.

[…]

FinCEN will grant filers failing to meet the FBAR annual due date of April 15 an automatic extension to October 15 each year. Accordingly, specific requests for this extension are not required.

[…]

The FBAR filing deadline will follow the Federal income tax due date guidance, which notes that when the Federal income tax due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day.
”
FinCEN, Report of Foreign Bank and Financial Accounts (FBAR) Due Date (notice dated 03/06/2019, linked from the FinCEN FBAR page)

FinCEN’s page is at fincen.gov/report-foreign-bank-and-financial-accounts. The first table below repeats the main table of the IRS comparison page word for word, with all nine rows.

IRS, Comparison of Form 8938 and FBAR requirements, main table (all rows). The FBAR column is the IRS’s description of FinCEN Form 114.
Form 8938, Statement of Specified Foreign Financial AssetsFinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR)
Who must file?Specified individuals and specified domestic entities that have an interest in specified foreign financial assets and meet the reporting threshold
Specified individuals include U.S citizens, resident aliens, and certain non-resident aliens

Specified domestic entities include certain domestic corporations, partnerships, and trusts
U.S. persons, which include U.S. citizens, resident aliens, trusts, estates, and domestic entities that have an interest in foreign financial accounts and meet the reporting threshold
Does the United States include U.S. territories?NoYes, resident aliens of U.S territories and U.S. territory entities are subject to FBAR reporting
Reporting threshold (total value of assets)Specified individuals living in the US:
Unmarried individual (or married filing separately): Total value of assets was more than $50,000 on the last day of the tax year, or more than $75,000 at any time during the year.

Married individual filing jointly: Total value of assets was more than $100,000 on the last day of the tax year, or more than $150,000 at any time during the year.

Specified individuals living outside the US:

Unmarried individual (or married filing separately): Total value of assets was more than $200,000 on the last day of the tax year, or more than $300,000 at any time during the year.

Married individual filing jointly: Total value of assets was more than $400,000 on the last day of the tax year, or more than $600,000 at any time during the year.

Specified domestic entities:

Total value of assets was more than $50,000 on the last day of the tax year, or more than $75,000 at any time during the tax year.
Aggregate value of financial accounts exceeds $10,000 at any time during the calendar year. This is a cumulative balance, meaning if you have 2 accounts with a combined account balance greater than $10,000 at any one time, both accounts would have to be reported.
When do you have an interest in an account or asset?If any income, gains, losses, deductions, credits, gross proceeds, or distributions from holding or disposing of the account or asset are or would be required to be reported, included, or otherwise reflected on your income tax returnFinancial interest: you are the owner of record or holder of legal title; the owner of record or holder of legal title is your agent or representative; you have a sufficient interest in the entity that is the owner of record or holder of legal title.
Signature authority: you have authority to control the disposition of the assets in the account by direct communication with the financial institution maintaining the account.

See instructions for further details.
What is reported?Maximum value of specified foreign financial assets, which include financial accounts with foreign financial institutions and certain other foreign non-account investment assetsMaximum value of financial accounts maintained by a financial institution physically located in a foreign country
How are maximum account or asset values determined and reported?Fair market value in U.S. dollars in accord with the Form 8938 instructions for each account and asset reported
Convert to U.S. dollars using the end of the taxable year exchange rate and report in U.S. dollars.
Use periodic account statements to determine the maximum value in the currency of the account.
Convert to U.S. dollars using the end of the calendar year exchange rate and report in U.S. dollars.
When due?Form is attached to your annual return and due on the date of that return, including any applicable extensionsReceived by April 15 (6-month automatic extension to Oct 15)
Where to file?File with income tax return pursuant to instructions for filing the return.File electronically through FinCENs BSA E-Filing System. The FBAR is not filed with a federal tax return.
PenaltiesUp to $10,000 for failure to disclose and an additional $10,000 for each 30 days of non-filing after IRS notice of a failure to disclose, for a potential maximum penalty of $60,000; criminal penalties may also applyCivil monetary penalties are adjusted annually for inflation. For civil penalty assessment prior to Aug 1, 2016, if non-willful, up to $10,000; if willful, up to the greater of $100,000 or 50 percent of account balances; criminal penalties may also apply
IRS, Comparison of Form 8938 and FBAR requirements, “Types of foreign assets and whether they are reportable”. Some rows of that table; it has more.
Types of foreign assetsForm 8938FinCEN Form 114 (FBAR)
Financial (deposit and custodial) accounts held at foreign financial institutionsYesYes
Financial account held at a foreign branch of a U.S. financial institutionNoYes
Foreign financial account for which you have signature authorityNo, unless you otherwise have an interest in the account as described aboveYes, subject to exceptions
Foreign stock or securities not held in a financial accountYesNo
Foreign partnership interestsYesNo
Foreign real estate held directlyNoNo
Foreign real estate held through a foreign entityNo, but the foreign entity itself is a specified foreign financial asset and its maximum value includes the value of the real estateNo
Foreign currency held directlyNoNo
“Note: This table is current through the publication date. Please check the instructions for each form for information regarding any future developments.”
IRS, Comparison of Form 8938 and FBAR requirements, “Types of foreign assets and whether they are reportable”

Penalties

The instructions describe the failure-to-file penalty, the continuing failure penalty and the reasonable cause exception:

“If you are required to file Form 8938 but do not file a complete and correct Form 8938 by the due date (including extensions), you may be subject to a penalty of $10,000.”
IRS Instructions for Form 8938 (Rev. November 2021), Penalties, “Failure-To-File Penalty”
“If you do not file a correct and complete Form 8938 within 90 days after the IRS mails you a notice of the failure to file, you may be subject to an additional penalty of $10,000 for each 30-day period (or part of a period) during which you continue to fail to file Form 8938 after the 90-day period has expired. The maximum additional penalty for a continuing failure to file Form 8938 is $50,000.”
IRS Instructions for Form 8938 (Rev. November 2021), Penalties, “Continuing Failure To File”
“No penalty will be imposed if you fail to file Form 8938 or to disclose one or more specified foreign financial assets on Form 8938 and the failure is due to reasonable cause and not to willful neglect. You must affirmatively show the facts that support a reasonable cause claim.”
IRS Instructions for Form 8938 (Rev. November 2021), Penalties, “Reasonable Cause Exception”

When and how Form 8938 is filed

“Attach Form 8938 to your annual return and file by the due date (including extensions) for that return.”
IRS Instructions for Form 8938 (Rev. November 2021), General Instructions, “When and How To File”
“Do not send a Form 8938 to the IRS unless it is attached to an annual return or an amended return.”
IRS Instructions for Form 8938 (Rev. November 2021), General Instructions, “When and How To File”

The annual return’s own due date is on the tax deadline 2027 page, and extensions are on the tax extension deadline 2027 page. Foreign gifts and foreign trusts are reported on a different form; see Form 3520.

Frequently asked questions

What is the Form 8938 reporting threshold?

For a specified individual living in the United States, the IRS instructions (Rev. November 2021) give $50,000 on the last day of the tax year or $75,000 at any time during the tax year for an unmarried individual and for a married individual filing a separate return, and $100,000 and $150,000 for married taxpayers filing a joint return. Each is stated as “more than”, and the instructions say the reporting threshold is satisfied only if the total value of the specified foreign financial assets is more than the applicable amount. A specified domestic entity has $50,000 and $75,000.

What are the Form 8938 thresholds for people living outside the United States?

The instructions give $200,000 on the last day of the tax year or $300,000 at any time during the tax year for an unmarried individual or a married individual filing a separate return, and $400,000 and $600,000 for married taxpayers filing a joint return. They apply these amounts if the tax home is in a foreign country and the person meets one of the presence abroad tests: a U.S. citizen who has been a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or a U.S. citizen or resident who is present in a foreign country or countries at least 330 full days during any period of 12 consecutive months that ends in the tax year being reported.

Who must file Form 8938?

The instructions say that, unless an exception applies, a specified person that has an interest in specified foreign financial assets must file Form 8938 if the value of those assets is more than the applicable reporting threshold. A specified person is a specified individual (a U.S. citizen, a resident alien for any part of the tax year, and two kinds of nonresident alien) or a specified domestic entity. The instructions also say a person who does not have to file an income tax return for the tax year does not have to file Form 8938.

Is Form 8938 the same as the FBAR?

No. The IRS comparison page says the Form 8938 filing requirement does not replace or otherwise affect the obligation to file FinCEN Form 114 (the FBAR), and that the FBAR is not filed with the IRS but directly with FinCEN. FinCEN’s page says a United States person with a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year, and its due date notice gives April 15 with an automatic extension to October 15.

Where is Form 8938 filed and when is it due?

The instructions say to attach Form 8938 to the annual return and file by the due date (including extensions) for that return, and not to send a Form 8938 to the IRS unless it is attached to an annual return or an amended return. The IRS comparison page repeats that the form is attached to the annual return and due on the date of that return, including any applicable extensions.

What are the penalties for not filing Form 8938?

The instructions say a person who does not file a complete and correct Form 8938 by the due date (including extensions) may be subject to a penalty of $10,000, plus an additional $10,000 for each 30-day period (or part of a period) after the 90-day period that follows an IRS notice, with a maximum additional penalty of $50,000. They also provide for no penalty if the failure is due to reasonable cause and not to willful neglect. The IRS comparison page describes a potential maximum penalty of $60,000 and adds that criminal penalties may also apply.

Which revision of Form 8938 is the IRS’s posted version?

When we checked on November 2, 2026, the IRS About Form 8938 page listed the Form 8938 and Instructions for Form 8938 PDFs under “Current revision”, and both PDFs were marked Rev. November 2021. The instructions say the form and instructions were converted from an annual revision to continuous use. The Instructions for Form 8938 (Rev. November 2021) do not mention inflation adjustments, and the IRS comparison page (page last reviewed 19-Sep-2026) gives the same threshold amounts.