Which Accounts in Canada are Reported for FBAR (FinCEN 114)

Which Accounts in Canada are Reported for FBAR (FinCEN 114)

Which Accounts in Canada are Reported for FBAR

What Accounts in Canada are Reported for FBAR: There are many US Persons residing in the United States, Canada, and abroad who have made investments into Canada’s economy. As a result, it is important that US Taxpayers consider that if they are a US person and have accounts overseas — they may be subject to Foreign Bank and Financial Account (FBAR) Reporting to FinCEN, which is enforced by the IRS. The failure to be in compliance with FBAR reporting may result in fines and penalties although those penalties can oftentimes be minimized or abated with offshore voluntary disclosure/FBAR Amnesty. Let’s go to some of the basics of FBAR and Foreign Accounts in Canada.

US Person Definition

US Persons includes more than just individuals — it also includes entities — but the focus of this article is for individuals.

US persons with accounts in Canada who may have to file FBAR, including:

FBAR Reporting Basics

When a US Person has accounts in Canada, they have to report the accounts, when the annual aggregate total of all accounts combined exceeds more than $10,000. The due date is April 15 but is on automatic extension until October (this rule is subject to change).

Largest Banks in Canada

There are many different banks and other Foreign Financial Institutions located in Canada. Here are some of the more common institutions.

      • Bank of Nova Scotia

      • Bank of Montreal

      • Royal Bank of Canada

      • Toronto-Dominion Bank

      • Canadian Imperial Bank of Commerce

Term Deposits, Fixed Deposits, and CDs 

Most all types of bank accounts are reportable on the FBAR. This includes ancillary types of accounts at Banks such as term deposit accounts, fixed deposit accounts, and CDs. In addition, the interest generated on these accounts is generally taxable in the US.

Stock Investment Accounts in Canada

There are various different types of stock investment accounts in Canada. And, even though certain Taxpayers with residence or citizenship in Canada may receive tax-related benefits under foreign tax laws  — whether or not there taxable — they are still reportable on the FBAR.

In addition, unless the PFIC rules apply — accrued but non-distributed income in a Stock Investment Accounts is taxable.

Canada & Mutual Funds, ETF, SICAVs, TFSAs

When a US Person Taxpayer has foreign investment accounts in Canada such as Mutual Funds, ETFs, and SICAVs — they may have an FBAR reporting requirement when the threshold is met. The value of the investment accounts is aggregated with the value of the other accounts to determine the annual threshold value for reporting is met.

With investment funds, there is the additional issue of potential PFIC reporting on Form 8621.

Foreign Business and FBAR

When a US Person owns a Business and/or has signature authority over an account (as an employee for example) — those accounts are generally reportable as well, although if there is no financial interest in the account(s) then the account is usually not subject to penalties.

Canada FBAR Amnesty Program Summary

The FBAR Amnesty Programs are programs developed by the Internal Revenue Service to assist Taxpayers who are already out of compliance for non-reporting.

Some of the more common programs include:

Can I Just Start Filing FBAR This Year Instead?

No, unless the current year is the first year you had an FBAR Reporting requirement. If you had a prior year reporting requirement, but only begin to start filing in the current year (filing forward) it is illegal. In the world of offshore disclosure, this is referred to as an FBAR Quiet DisclosureThe IRS has warned taxpayers that if they get caught in an FBAR Quiet Disclosure situation, it may lead to willful penalties and even a criminal investigation by the IRS Special Agents.

Our FBAR Lawyers Represent Clients Worldwide

Our FBAR Lawyer team specializes exclusively in international tax, and specifically IRS offshore disclosure for Taxpayers with Accounts in Canada.

Contact our firm today for assistance.