Helpful Information
Frequently Asked Questions – FBAR Filing
What is Beneficial Ownership Information Reporting?
How can I obtain a FBAR ?
When is the FBAR filing deadline?
- Directly or indirectly owns or controls at least 25% of the company’s ownership interests, or
- Exercises substantial control over the business.
What is an example of a beneficial owner with substantial control?
- Key decision-makers within the company,
- Senior officers such as the President, CEO, CFO, General Counsel, or COO,
- Individuals with the authority to appoint or remove officers or directors.
Who must file a FBAR?
What is the Beneficial Ownership Information Reporting Rule?
Why should I use a service to file my FBAR?
The new BOIR requirement can be complex, and failing to comply can lead to serious penalties, including fines or imprisonment. Using a service like BOIR Reporting Service ensures compliance by simplifying the process. We make it easy for you by collecting your information, preparing a custom report, and submitting it directly to FinCEN on your behalf.
This saves you time, reduces risk, and ensures your business remains in good standing with the federal government.
What information is required for beneficial ownership?
- Legal name
- Date of birth,
- Address
- A copy of an acceptable ID (such as a passport or driver’s license), including its issuing jurisdiction and ID number
What types of companies are exempt from filing a FBAR?
- Securities issuers.
- Banks and credit unions.
- Government entities.
- Insurance companies.
- Public utilities.
- Large operating companies (with over 20 employees, over $5 million in revenue, and a physical U.S. presence)
Other exempt entities include non-profits, trusts, and certain financial service companies.
What companies qualify as tax-exempt and may be exempt from filing a FBAR?
FinCEN has identified 23 categories of exempt business entities, including:
- Classified as exempt under Section 501(c) of the Internal Revenue Code (such as nonprofits)
- That lost tax-exempt status within the past 180 days.
- Defined as political organizations under Section 527(a).
- Defined as trusts under Section 4947(a).
What is a large operating company and is it exempt from filing a FBAR?
A large operating company is exempt if it meets the following criteria:
- More than 20 full-time U.S. employees.
- More than $5 million in gross receipts or sales.
- A physical presence in the U.S.
- It is regulated under a federal regime or owned by an exempt entity.
What is an inactive entity, and is it exempt from filing a FBAR?
Inactive entities are exempt if they:
- Were formed before January 1, 2020.
- Are not engaged in business.
- Are not owned by foreign persons.
- Have not conducted transactions over $1,000 in the past year.
- Have no assets in the U.S. or elsewhere.
Who is exempt from being listed as a beneficial owner?
Certain individuals and roles are exempt from being considered beneficial owners, such as minor children, individuals who only act as intermediaries for financial institutions, or those who hold property on behalf of another.
What are the changes for LLCs in 2024?
As of 2024, all LLCs—including single-member and multi-member LLCs—are considered reporting companies and must file a BOIR. This includes providing the U.S. government with identifying information about the company’s beneficial owners to meet the new requirements.
What should I do if my business information changes after filing a FBAR?
If the ownership or control of your company changes, or if any identifying information changes, you must file an updated BOIR within 30 days. This also applies to changes in tax-exempt status or if any errors in the initial filing are discovered.