Two Different Laws, Two Different Forms
The FBAR and Form 8938 are so frequently confused that many filers assume they're the same requirement with two names. They aren't. They come from two different laws, are filed with two different agencies, and use two different sets of thresholds:
- FBAR (FinCEN Form 114) comes from the Bank Secrecy Act and is filed with FinCEN.
- Form 8938 comes from the Foreign Account Tax Compliance Act (FATCA), enacted in 2010, and is filed with the IRS as part of your federal income tax return.
Side-by-Side Comparison
| Feature | FBAR (FinCEN 114) | Form 8938 (FATCA) |
|---|---|---|
| Filed with | FinCEN (BSA E-Filing) | IRS, attached to Form 1040 |
| Governing law | Bank Secrecy Act | FATCA |
| Threshold (single, living in U.S.) | $10,000 aggregate, any time in the year | Generally $50,000 year-end / $75,000 any time |
| Threshold (single, living abroad) | Same $10,000 rule | Generally $200,000 year-end / $300,000 any time |
| Assets covered | Foreign financial accounts | Broader — includes certain foreign accounts plus other "specified foreign financial assets" |
| Deadline | April 15, automatic extension to Oct 15 | Same as your income tax return deadline |
| Required even with no tax due? | Yes | Yes, if thresholds are met |
Threshold figures shown are the commonly cited baseline amounts and vary by filing status and residency; always confirm current figures against IRS guidance before filing.
Why the Thresholds Differ
The FBAR's $10,000 threshold has stayed the same for decades and is deliberately low — the Bank Secrecy Act was designed to cast a wide net for anti-money-laundering purposes. Form 8938's thresholds are considerably higher and scale based on filing status and whether you live in the U.S. or abroad, reflecting FATCA's somewhat different goal of targeting substantial unreported offshore assets for tax compliance purposes.
Why You Might Need to File Both
Because the thresholds and covered-asset definitions differ, it's entirely possible — and common — to owe an FBAR without owing a Form 8938, or to owe both simultaneously. A filer with $15,000 in a single foreign checking account, for example, clears the FBAR threshold easily but likely falls short of Form 8938's threshold. A filer with $120,000 across several foreign brokerage and bank accounts, on the other hand, will typically need to file both.
Rule of thumb
Never assume filing one form satisfies the other. They ask overlapping but distinct questions, go to different agencies, and are evaluated under different laws. Check both thresholds independently every year.
How the Penalty Structures Compare
Form 8938 penalties are assessed under the tax code and generally start with a flat failure-to-file penalty, with additional penalties accruing the longer the form remains unfiled after IRS notice, plus potential accuracy-related penalties tied to underreported tax. FBAR penalties, covered in depth in our FBAR penalties guide, follow the willful/non-willful framework instead. The two penalty regimes are independent — being penalized under one doesn't offset or replace exposure under the other.
If you're still working out which category your accounts fall into, start with our who must file an FBAR guide, then use the FBAR filing checklist to organize your documentation.