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Form 8938

  1. Country USA
  2. Language English
  3. Activity Taxes
  4. Department Internal Revenue Service
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Form 8938

Statement Of Specified Foreign Financial Assets

Rev. November 2021

This form is used by U.S. taxpayers to report specified foreign financial assets and income derived from those assets. The form includes detailed information about each deposit, custodial account, and other foreign asset reported.

Instructions

FAQ
  • What is a specified individual?

    A specified individual is any U.S. person who has an interest in specified foreign financial assets and meets the reporting threshold for individuals.

  • Who must file Form 8938?

    Specified individuals and specified domestic entities are required to file Form 8938 if they have an interest in specified foreign financial assets that meet certain thresholds.

  • What is a financial account?

    A financial account includes any account maintained by a foreign financial institution at which the account holder has a financial interest or signatory authority.

  • What are specified foreign financial assets?

    Specified foreign financial assets include foreign financial accounts, certain foreign financial institutions, and other specified foreign financial assets.

  • What is the reporting threshold for individuals?

    U.S. citizens, resident aliens, and certain nonresident alien individuals must report all specified foreign financial assets if the total value exceeded $50,000 at any time during the tax year, or more than $750,000 on the last day of the tax year.

  • What type of foreign entities are excluded from reporting requirements?

    Certain excepted specified domestic entities are exempt from the reporting requirements for individuals. These include qualified retirement plans, IRAs, and certain types of trusts.

  • What is Form 8938 used for?

    Form 8938 is used by specified individuals and specified domestic entities to report certain foreign financial assets to the Internal Revenue Service (IRS).

  • What is a closely held domestic corporation?

    A closely held domestic corporation is a domestic corporation, more than 50% of the value of whose stock is owned, directly or indirectly, by 5 or fewer individuals.

  • Where can I find more information about Form 8938?

    For more information, refer to the Instructions for Form 8938 or consult a tax professional.

  • What happens if Form 8938 is not filed or filed incorrectly?

    Failure to file or failure to report correctly can result in accuracy-related penalties, criminal penalties, and/or fraud penalties. Penalties can be up to $10,000 for each nonwillful violation, with an additional penalty of up to 25% on the amount involved for willful violations.

  • How often must Form 8938 be filed?

    Form 8938 must be filed with a tax return for the relevant tax year. If an extension is granted, the form and extension must be filed by the extended due date of the tax return.

  • What is the reporting threshold for domestic entities?

    Specified domestic entities must report specified foreign financial assets if the total value exceeded $1 million on the last day of the tax year or more than $2 million at any time during the tax year.

  • What is a closely held domestic partnership?

    A closely held domestic partnership is a domestic partnership, all partners of which are individuals, and no more than 100 partners.

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ABOUT

Tax forms

Form 8938 is one of Tax forms that are documents used to report information about an individual's or business's income, deductions, and tax liability to the relevant tax authority. These forms are necessary to comply with tax laws and fulfill tax obligations. Tax forms vary depending on the country and the specific tax requirements in place. Here are some common types of tax forms:

Individual Tax Forms: These forms are used by individual taxpayers to report their personal income and claim deductions, credits, and exemptions. Examples include the 1040 form in the United States or the Self-Assessment Tax Return form in the United Kingdom.

Business Tax Forms: Business tax forms are used by companies, partnerships, or self-employed individuals to report their business income, expenses, and other tax-related information. Examples include the Schedule C form (Profit or Loss from Business) in the United States or the CT600 form (Company Tax Return) in the United Kingdom.

Payroll Tax Forms: These forms are used by employers to report the wages, salaries, and taxes withheld from their employees' paychecks. Examples include the W-2 form in the United States or the P60 form in the United Kingdom.

Sales Tax Forms: Sales tax forms are used by businesses to report and remit sales tax collected on taxable goods or services. The specific sales tax forms vary by jurisdiction.

Value Added Tax (VAT) Forms: VAT forms are used in countries that impose a value-added tax to report and remit VAT collected on sales and claim VAT credits for purchases. Examples include the VAT return forms used in many countries.

Estimated Tax Forms: Estimated tax forms are used to report and pay estimated taxes on income that is not subject to withholding, such as self-employment income or investment income.

These are just a few examples of the numerous tax forms that may exist. The specific forms required depend on the tax laws and regulations in your country or jurisdiction. It is important to consult the tax authority's guidelines or seek professional advice to determine which forms are applicable to your situation.

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