In U.S. tax practice, one of the most common questions I hear is:
“Between FBAR and Form 8938, which one do I need to file?”
Both involve reporting foreign financial assets, so it’s natural for taxpayers to feel confused. But in practice, the two requirements are completely different in terms of agency, scope, thresholds, and how they are filed.
Here is the clearest way I explain this to clients.
1️⃣ FBAR (FinCEN Form 114) — Reporting Foreign Account Balances
FBAR is the most frequently missed filing because its threshold is very low.
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Filed with: FinCEN (not the IRS)
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Reports: Only foreign financial accounts (bank, brokerage, CMA, etc.)
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Threshold: On any day of the year, if
👉 the total of all foreign accounts’ highest balances exceeds $10,000,
you must file.
Key Point:
FBAR is purely a balance-based filing.
Even if there is no interest, no activity, or no income to report, FBAR is required once the balance threshold is met.
2️⃣ Form 8938 (FATCA Statement) — Reporting Foreign Financial Assets
Form 8938 is broader in scope and requires a much higher reporting threshold.
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Filed with: IRS (attached to Form 1040)
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Reports: A wide range of foreign financial assets, including:
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Accounts (FBAR overlaps)
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Foreign stocks and bonds
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Foreign funds
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Foreign pension plans
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Certain insurance products
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Thresholds: Much higher than FBAR
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Single: $50,000 year-end or $75,000 max during the year
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MFJ: $100,000 year-end or $150,000 max during the year
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Key Point:
Clients who hold large foreign investments but have low account movement often
→ do not meet FBAR criteria
→ but must file Form 8938.
3️⃣ Professional Advice — These Are Separate Requirements
The two forms do not replace each other.
In practice, the most common situation is:
👉 You need to file both FBAR and Form 8938.
Meeting the requirement for one does not exempt you from the other.
4️⃣ The Most Common Misconceptions
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“I thought Korean accounts didn’t count.”
→ All foreign accounts count, regardless of nationality or country. -
“I only have foreign stocks, no transactions.”
→ Foreign securities are Form 8938 assets. -
“If I file FBAR, I don’t need Form 8938, right?”
→ Incorrect — they are completely separate legal obligations.
✔ Final Advice
If you hold foreign accounts or foreign financial assets, review each requirement independently. This is the safest and most accurate way to avoid penalties and stay compliant.