{"id":179,"date":"2012-02-01T12:01:26","date_gmt":"2012-02-01T06:31:26","guid":{"rendered":"http:\/\/www.nsglobal.com\/blog\/?p=179"},"modified":"2012-02-01T14:00:54","modified_gmt":"2012-02-01T08:30:54","slug":"form-8938","status":"publish","type":"post","link":"https:\/\/www.nsglobal.com\/blog\/?p=179","title":{"rendered":"Form 8938"},"content":{"rendered":"

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For tax years beginning after March 18, 2010, certain individuals must file new Form 8938 to report the ownership of specified foreign financial assets if the total value of those assets exceeds the reporting threshold amount.<\/p>\n

Who Must File<\/strong>:\u00a0Unless an exception applies, you must file Form 8938 if you are a specified person that has an interest in specified foreign financial assets and the value of those assets is more than the applicable reporting threshold.<\/p>\n

Exception<\/strong>:\u00a0If 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.<\/p>\n

Specified individual<\/strong>:\u00a0You are a specified individual if you are one of the following:<\/p>\n

1. A U.S. citizen<\/p>\n

2. A resident alien of\u00a0the United\u00a0States for any part of the tax year<\/p>\n

3. A nonresident alien who makes an election to be treated as a resident alien for purposes of filing a joint income tax return<\/p>\n

Specified foreign financial assets<\/strong>: Generally include the following assets:<\/p>\n

1. Any financial account maintained by a foreign financial institution.<\/p>\n

2.\u00a0To the extent held for investment and not held in a financial account, any stock or securities issued by someone that is not a U.S. person, any interest in a foreign entity, and any financial instrument or contract with an issuer or counterparty that is not a U.S. person.<\/p>\n

Reporting threshold:\u00a0<\/strong>If the total value of your specified financial assets is more than the following:<\/p>\n\n\n\n\n\n\n\n
<\/td>\n\n

Taxpayer living in United States<\/strong><\/p>\n<\/td>\n

\n

Taxpayer living abroad<\/strong><\/p>\n<\/td>\n<\/tr>\n

<\/td>\n\n

On the last day of the tax year<\/em><\/p>\n<\/td>\n

\n

Anytime during the tax year<\/em><\/p>\n<\/td>\n

\n

On the last day of the tax year<\/em><\/p>\n<\/td>\n

\n

Anytime during the tax year<\/em><\/p>\n<\/td>\n<\/tr>\n

Unmarried<\/td>\n$50,000<\/td>\n$75,000<\/td>\n$200,000<\/td>\n$300,000<\/td>\n<\/tr>\n
Married filing jointly<\/td>\n$100,000<\/td>\n$150,000<\/td>\n$400,000<\/td>\n$600,000<\/td>\n<\/tr>\n
Married filing separately<\/td>\n$50,000<\/td>\n$75,000<\/td>\n$200,000<\/td>\n$300,000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Form 8938 does not relieve you of the requirement to file FBAR form TD F 90-22.1<\/p>\n

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