September 30, 2025
If you live in San Diego County and hold assets overseas, Form 8938 (FATCA) is easy to get wrong, and ignoring it can be costly. Below are the mistakes we see most often at our Carlsbad office and how to avoid them.
📌 Assuming FBAR filing covers everything.
FBAR (FinCEN 114) and Form 8938 are different filings with different rules. Many taxpayers must file both. FBAR is submitted to FinCEN; Form 8938 is attached to your Form 1040.
📌 Misunderstanding the thresholds.
For U.S. residents, approximate thresholds are $50k/$75k (single) and $100k/$150k (MFJ). If you qualify as living abroad, thresholds generally jump to $200k/$300k (single) and $400k/$600k (MFJ). Your status on the last day of the year matters.
📌Missing “non-account” assets.
Form 8938 isn’t limited to bank accounts. Foreign stocks held directly, interests in foreign partnerships, certain foreign life insurance/annuity contracts, and hedge/private equity funds can be reportable. Real estate held directly isn’t—but an interest in a foreign entity that owns it is.
📌FBAR must be filed separately and follows a different deadline.
FBAR is due April 15 with an automatic extension to October 15 and must be e-filed via FinCEN’s BSA E-Filing system.
📌Not filing Form 8938 because “there was no income.”
Form 8938 is an informational report. You file it when your specified foreign financial assets exceed the threshold, even if the assets produced no income. It’s due with your tax return (including extensions).
📌Overlooking the domestic entity filing.
Certain closely held U.S. corporations, partnerships, and trusts may also need to file Form 8938 when foreign asset values exceed $50k.
📌Valuation and currency conversion gaps.
Use reasonable year-end exchange rates and include maximum values during the year where required. Keep documentation.
✅San Diego-based experts who speak FATCA.
USIBTS advises U.S taxpayers and expats across Carlsbad, La Jolla, Del Mar, and beyond. We’ll determine whether you need to file Form 8938, FBAR, or both, and help you file correctly the first time.
Contact us for a consultation.
Share this post :
Categories
