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Form 8938

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

Internal Revenue Service (IRS) Forms

Form 8938 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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