Report of Foreign Bank and Financial Accounts FINCEN Form 114

2020 FBAR Conversion Rates | FBAR Tax Lawyer & Attorney

The 2020 FBAR conversion rates are highly important in US international tax compliance. The 2020 FBAR and 2020 Form 8938 instructions both require that 2020 FBAR conversion rates be used to report the required highest balances of foreign financial assets on these forms (in the case of Form 8938, the 2020 FBAR conversion rates is the default choice, not an exclusive one). In other words, the 2020 FBAR conversion rates are used to translate foreign-currency highest balances into US dollars for the purposes of FBAR and Form 8938 compliance.

The U.S. Department of Treasury  already published the 2020 FBAR conversion rates online (they are called “Treasury’s Financial Management Service rates” or the “FMS rates”).

Since the 2020 FBAR conversion rates are highly important to US taxpayers, international tax lawyers and international tax accountants, Sherayzen Law Office provides the table below listing the official 2020 FBAR conversion rates (note that the readers still need to refer to the official website for any updates).

Country – Currency Foreign Currency to $1.00
AFGHANISTAN – AFGHANI77.0900
ALBANIA – LEK100.3500
ALGERIA – DINAR132.2120
ANGOLA – KWANZA649.6000
ANTIGUA – BARBUDA – E. CARIBBEAN DOLLAR2.7000
ARGENTINA – PESO89.2500
ARMENIA – DRAM515.0000
AUSTRALIA – DOLLAR1.2940
AUSTRIA – EURO0.8150
AZERBAIJAN – NEW MANAT1.7000
BAHAMAS – DOLLAR1.0000
BAHRAIN – DINAR0.3770
BANGLADESH – TAKA85.0000
BARBADOS – DOLLAR2.0200
BELARUS – NEW RUBLE2.5980
BELGIUM – EURO0.8150
BELIZE – DOLLAR2.0000
BENIN – CFA FRANC529.0000
BERMUDA – DOLLAR1.0000
BOLIVIA – BOLIVIANO6.8100
BOSNIA – MARKA1.5940
BOTSWANA – PULA10.7990
BRAZIL – REAL5.1940
BRUNEI – DOLLAR1.3220
BULGARIA – LEV1.5940
BURKINA FASO – CFA FRANC529.0000
BURMA-KYAT1,326.0000
BURUNDI – FRANC1,930.6100
CAMBODIA (KHMER) – RIEL4,051.0000
CAMEROON – CFA FRANC529.2600
CANADA – DOLLAR1.2750
CAPE VERDE – ESCUDO89.8300
CAYMAN ISLANDS – DOLLAR0.8200
CENTRAL AFRICAN REPUBLIC – CFA FRANC529.2600
CHAD – CFA FRANC529.2600
CHILE – PESO709.7500
CHINA – RENMINBI6.5400
COLOMBIA – PESO3,414.5000
COMOROS – FRANC400.6200
CONGO – CFA FRANC529.2600
COSTA RICA – COLON609.1000
COTE D’IVOIRE – CFA FRANC529.0000
CROATIA – KUNA5.9500
CUBA – Chavito1.0000
CYPRUS – EURO0.8150
CZECH REPUBLIC – KORUNA20.7540
DEM. REP. OF CONGO – FRANC1,966.4800
DENMARK – KRONE6.0650
DJIBOUTI – FRANC177.0000
DOMINICAN REPUBLIC – PESO58.1400
ECUADOR – DOLARES1.0000
EGYPT – POUND15.6900
EL SALVADOR – DOLARES1.0000
EQUATORIAL GUINEA – CFA FRANC529.2600
ERITREA – NAKFA15.0000
ESTONIA – EURO0.8150
ETHIOPIA – BIRR39.1810
EURO ZONE – EURO0.8150
FIJI – DOLLAR2.0040
FINLAND – EURO0.8150
FRANCE – EURO0.8150
GABON – CFA FRANC529.2600
GAMBIA – DALASI52.0000
GEORGIA – LARI3.2700
GERMANY – EURO0.8150
GHANA – CEDI5.8100
GREECE – EURO0.8150
GRENADA – EAST CARIBBEAN DOLLAR2.7000
GUATEMALA – QUENTZAL7.7800
GUINEA BISSAU – CFA FRANC529.0000
GUINEA – FRANC9,990.0000
GUYANA – DOLLAR215.0000
HAITI – GOURDE71.6060
HONDURAS – LEMPIRA25.0000
HONG KONG – DOLLAR7.7530
HUNGARY – FORINT296.7600
ICELAND – KRONA127.1100
INDIA – RUPEE73.0340
INDONESIA – RUPIAH14,028.0000
IRAN – RIAL42,000.0000
IRAQ – DINAR1,138.0000
IRELAND – EURO0.8150
ISRAEL – SHEKEL3.2130
ITALY – EURO0.8150
JAMAICA – DOLLAR150.0000
JAPAN – YEN103.0800
JORDAN – DINAR0.7080
KAZAKHSTAN – TENGE421.2700
KENYA – SHILLING109.1000
KOREA – WON1,087.6600
KOSOVO – EURO0.8150
KUWAIT – DINAR0.3040
KYRGYZSTAN – SOM82.6500
LAOS – KIP9,280.0000
LATVIA – EURO0.8150
LEBANON – POUND1,500.0000
LESOTHO – MALOTI14.6730
LIBERIA – DOLLAR163.0000
LIBYA – DINAR1.3330
LITHUANIA – EURO0.8150
LUXEMBOURG – EURO0.8150
MADAGASCAR – ARIARY3,824.8000
MALAWI – KWACHA820.0000
MALAYSIA – RINGGIT4.0200
MALDIVES – RUFIYAA15.4200
MALI – CFA FRANC529.0000
MALTA – EURO0.8150
MARSHALL ISLANDS – DOLLAR1.0000
MARTINIQUE – EURO0.8150
MAURITANIA – OUGUIYA37.0000
MAURITIUS – RUPEE39.5500
MEXICO – PESO19.9130
MICRONESIA – DOLLAR1.0000
MOLDOVA – LEU17.0800
MONGOLIA – TUGRIK2,849.7700
MONTENEGRO – EURO0.8150
MOROCCO – DIRHAM8.9170
MOZAMBIQUE – METICAL 74.2000
NAMIBIA – DOLLAR14.6730
NEPAL – RUPEE117.0000
NETHERLANDS – EURO0.8150
NETHERLANDS ANTILLES – GUILDER1.7800
NEW ZEALAND – DOLLAR1.3830
NICARAGUA – CORDOBA34.9000
NIGER – CFA FRANC529.0000
NIGERIA – NAIRA385.0000
NORWAY – KRONE8.5300
OMAN – RIAL0.3850
PAKISTAN – RUPEE159.7500
PANAMA – BALBOA1.0000
PANAMA – DOLARES1.0000
PAPUA NEW GUINEA – KINA3.5090
PARAGUAY – GUARANI6,891.9600
PERU – SOL3.6190
PHILIPPINES – PESO48.1730
POLAND – ZLOTY3.7130
PORTUGAL – EURO0.8150
QATAR – RIYAL3.6400
REP. OF N MACEDONIA – DINAR50.1300
REPUBLIC OF PALAU – DOLLAR1.0000
ROMANIA – NEW LEU 3.9660
RUSSIA – RUBLE74.4600
RWANDA – FRANC950.0000
SAO TOME & PRINCIPE – NEW DOBRAS20.0510
SAUDI ARABIA – RIYAL3.7500
SENEGAL – CFA FRANC529.0000
SERBIA – DINAR95.8000
SEYCHELLES – RUPEE20.9100
SIERRA LEONE – LEONE9,997.0000
SINGAPORE – DOLLAR1.3220
SLOVAK REPUBLIC – EURO0.8150
SLOVENIA – EURO0.8150
SOLOMON ISLANDS – DOLLAR7.7340
SOMALI – SHILLING575.0000
SOUTH AFRICA – RAND14.6730
SOUTH SUDANESE – POUND177.0000
SPAIN – EURO0.8150
SRI LANKA – RUPEE185.0000
ST LUCIA – E CARIBBEAN DOLLAR2.7000
SUDAN – SUDANESE POUND55.0000
SURINAME – GUILDER14.2900
SWAZILAND – LANGENI14.6730
SWEDEN – KRONA8.1720
SWITZERLAND – FRANC0.8810
SYRIA – POUND1,256.0000
TAIWAN – DOLLAR28.0740
TAJIKISTAN – SOMONI11.3250
TANZANIA – SHILLING2,314.0000
THAILAND – BAHT29.9200
TIMOR – LESTE DILI1.0000
TOGO – CFA FRANC529.0000
TONGA – PA’ANGA2.1980
TRINIDAD & TOBAGO – DOLLAR6.6980
TUNISIA – DINAR2.6830
TURKEY – LIRA7.4240
TURKMENISTAN – NEW MANAT3.4910
UGANDA – SHILLING3,649.0000
UKRAINE – HRYVNIA28.3000
UNITED ARAB EMIRATES – DIRHAM3.6730
UNITED KINGDOM – POUND STERLING0.7320
URUGUAY – PESO42.1400
UZBEKISTAN – SOM10,471.9200
VANUATU – VATU106.2300
VENEZUELA – BOLIVAR SOBERANO1,104,430.5870
VENEZUELA – FUERTE (OLD)248,832.0000
VIETNAM – DONG23,070.0000
WESTERN SAMOA – TALA2.4440
YEMEN – RIAL480.0000
ZAMBIA – NEW KWACHA21.1400
ZIMBABWE – RTGS79.7420

2020 FBAR Deadline in 2021 | FinCEN Form 114 International Tax Lawyer & Attorney

The 2020 FBAR deadline is one of the most important deadlines for US taxpayers this calendar year 2021. What makes FBAR so important are the draconian FBAR penalties which may be imposed on noncompliant taxpayers. Let’s discuss the 2020 FBAR deadline in more detail.

2020 FBAR Deadline: Background Information

The official name of FBAR is FinCEN Form 114, the Report of Foreign Bank and Financial Accounts. US Persons must file FBAR if they have a financial interest in or signatory or any other authority over foreign financial accounts if the highest aggregate value of these accounts is in excess of $10,000. FBARs must be timely e-filed separately from federal tax returns.

Failure to file an FBAR may result in the imposition of heavy FBAR penalties. The FBAR penalties vary from criminal penalties and willful penalties to non-willful penalties. You can find more details about FBAR penalties in this article.

2020 FBAR Deadline: Pre-2016 FBAR Deadline

For the years preceding 2016, US persons needed to file FBARs by June 30 of each year. For example, the 2013 FBAR was due on June 30, 2014. No filing extensions were allowed.

The last FBAR that followed the June 30 deadline was the 2015 FBAR; its due date was June 30, 2016. Due to the six-year FBAR statute of limitations, however, it is important to remember this history for the purpose of offshore voluntary disclosures and IRS FBAR audits. The 2015 FBAR’s statute of limitations will expire only on June 30, 2022.

2020 FBAR Deadline: Changes to FBAR Deadline Starting with the 2016 FBAR

For many years, the strange FBAR filing rules greatly confused US taxpayers. First of all, it was difficult to learn about the existence of the form. Second, many taxpayers simply missed the unusual FBAR filing deadline.

The US Congress took action in 2015 to alleviate this problem. As it usually happens, it did so when it passed a law that, on its surface, had nothing to do with FBARs. The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (the “Act”) changed the FBAR deadline starting with 2016 FBAR. Section 2006(b)(11) of the Act requires the FBARs to be filed by the due date of that year’s tax return (i.e. usually April 15), not June 30.

Furthermore, during the transition period (which continues to this date), the IRS granted to US taxpayers an automatic extension of the FBAR filing deadline to October 15. Taxpayers do not need to make any specific requests in order for an extension to be granted.

Thus, starting with the 2016 FBAR, the Act adjusted the FBAR due date to coincide with the federal income tax filing deadlines. This is the case even if federal law requires a different filing date. For example, in situations where the tax return due date falls on a Saturday, Sunday, or legal holiday, the IRS must delay the due date until the next business day; the FBAR deadline will follow suit and also shift to the next business day.

2020 FBAR Deadline

Based on the current law, the 2020 FBAR deadline will be April 15, 2021. However, it is automatically extended to October 15, 2021.

The 2020 FBAR must be e-filed through the US Financial Crimes Enforcement Network’s (FinCEN) BSA E-filing system.

Contact Sherayzen Law Office for Professional Help With Your FBAR Compliance

If you have undisclosed foreign accounts, contact Sherayzen Law Office as soon as possible. Sherayzen Law Office is a leader in US international tax compliance and offshore voluntary disclosures. We have successfully helped hundreds of US taxpayers around the globe with their FBAR compliance and FBAR voluntary disclosures; and we can help you!

Contact Us Today to Schedule Your Confidential Consultation!

2020 FBAR Criminal Penalties | FBAR International Tax Lawyers

2020 FBAR criminal penalties is a potential threat to any US taxpayer who willfully failed to file his FBARs or knowingly filed a false FBAR. In this essay, I would like to review the 2020 FBAR criminal penalties that these noncompliant US taxpayers may have to face.

2020 FBAR Criminal Penalties: Background Information

A lot of US taxpayers do not understand why the 2020 FBAR criminal penalties are so shockingly severe. These taxpayers question why failing to file a form that has nothing do with income tax calculation should potentially result in a jail sentence.

The answer to this questions lies in the legislative history of FBAR. First of all, it is important to understand that FBAR is not a tax form. The Report of Foreign Bank and Financial Accounts (“FBAR”) was born in 1970 out of the Bank Secrecy Act (“BSA”), in particular 31 U.S.C. §5314. This means that the initial primary purpose of the form was to fight financial crimes, money laundering and terrorism. In other words, FBAR was not initially created to combat tax evasion.

Rather, FBAR criminal penalties were structured from the very beginning for the purpose of punishing criminals engaged in financial crimes and/or terrorism. This is why the FBAR penalties are so severe and easily surpass the penalties of any tax form.

It was only 30 years later, after the enaction of The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”), that the enforcement of FBAR was turned over to the IRS allegedly to fight terrorism. Instead, the IRS almost immediately commenced using FBAR to fight the tax evasion schemes that utilized offshore accounts.

The Congress liked the IRS initiative and responded with the American Jobs Creation Act of 2004 (“2004 Jobs Act”). The 2004 Jobs Act further increased the FBAR existing penalties and created an new non-willful penalty of up to $10,000 per violation.

2020 FBAR Criminal Penalties: Description

Now that we understand why the 2020 FBAR criminal penalties are so severe, let’s describe what these penalties actually may be. There are three different 2020 FBAR criminal penalties associated with different FBAR violations.

First, a criminal penalty may be imposed under 26 U.S.C. 5322(a) and 31 C.F.R. § 103.59(b) for willful failure to file FBAR or retain records of a foreign account. The penalty is up to $250,000 or 5 years in prison or both.

Second, when the willful failure to file FBAR is combined with a violation of other US laws or the failure to file FBAR is “part of a pattern of any illegal activity involving more than $100,000 in a 12-month period”, then the IRS has the option of imposing a criminal penalty under 26 U.S.C. 5322(b) and 31 C.F.R. § 103.59(c). In this case, the penalty jumps to incredible $500,000 or 10 years in prison or both.

Finally, if a person willingly and knowingly files a false, fictitious or fraudulent FBAR, he may be penalized under 31 C.F.R. § 103.59(d). The penalty in this case may be $10,000 or 5 years or both.

Contact Sherayzen Law Office for Help With Past FBAR Violations

If you were required to file an FBAR but you have not done it, contact Sherayzen Law Office to explore your voluntary disclosure options. Our international tax law firm specializes in FBAR compliance and we have helped hundreds of US taxpayers around the world to resolve their past FBAR noncompliance while reducing and, in some cases, even eliminating their FBAR penalties.

We can help You! Contact Us Today to Schedule Your Confidential Consultation!

October 31 2020 FBAR Deadline | FBAR Tax Lawyer & Attorney

US taxpayers can still timely file their 2019 FBAR (Report of Foreign Bank and Financial Accounts) by the new October 31 2020 FBAR deadline. This FBAR deadline extension is highly unusual and requires some explanation.

October 31 2020 FBAR Deadline: What is FBAR?

The Report of Foreign Bank and Financial Accounts (“FBAR”) is officially known as FinCen Form 114. This form must be filed by US persons with an ownership interest in or signatory authority or any other authority over foreign bank and financial accounts if the aggregate value of such accounts exceeds $10,000 at any point during a calendar year. This is a very important US international information return; a failure to timely and correctly file an FBAR may result in an imposition of draconian FBAR penalties. This is why it is so important to learn about FBAR deadlines.

October 31 2020 FBAR Deadline & FinCEN Mistake

The 2019 FBAR deadline extension became possible as a result of an incorrect message posted by FinCEN on its BSA (Bank Secrecy Act) website. On October 14, 2020, FinCEN posted a message that incorrectly stated that the 2019 FBAR deadline was extended to December 31, 2020 for all FBAR filers. Within twenty-four hours, FinCEN removed the message.

On October 16, 2020, FinCEN posted a corrected message that stated that the extension to December 31, 2020, was intended only for victims of recent natural disasters listed in FinCEN’s October 6, 2020 notice.

Since, however, there were filers who have missed the October 15 deadline due to the incorrect October 14 message, FinCEN decided to allow these filers to have an extra couple of weeks to file their 2019 FBARs. For this reason, FinCEN established a new October 31 2020 FBAR deadline for all FBAR filers (except those who were victims of natural disasters listed in the aforementioned October 6 list).

October 31 2020 FBAR Deadline & December 31 2020 FBAR Deadline

Thus, there are two separate FBAR filing deadline extensions still outstanding. The first one is the October 31 2020 FBAR deadline which applies to all FBAR filers except the ones who are also eligible for the second deadline extension.

The second deadline extension to December 31, 2020 applies only to victims of natural disasters listed in FinCEN’s October 6, 2020 notice.

Contact Sherayzen Law Office for Professional Help with FBAR Compliance

Sherayzen Law Office is a leading US international tax law firm that specializes in US international tax law and FBAR compliance. We have filed thousands of FBARs for our clients. We have also helped US taxpayers from over 70 countries to deal with FBAR filing violations for prior years, including as part of a voluntary disclosure (such as Streamlined Domestic Offshore Procedures, Streamlined Foreign Offshore Procedures, Delinquent FBAR Submission Procedures and Reasonable Cause disclosures). Our FBAR clients include individuals, corporations, partnerships, estates, trusts and disregarded entities.

We can help you! Contact Us Today To Schedule Your Confidential Consultation!

Form 114 Trust Filers | FBAR Tax Lawyer & Attorney Nevada Las Vegas

FinCEN Form 114 trust filers constitute a highly problematic category of FBAR filers. Form 114 trust filers are problematic not so much because the FBAR requirement itself is unclear, but, rather, because the trustees do not realize that this requirement applies to them. In this article, I would like to educate potential Form 114 trust filers about the FBAR requirement and when it applies to them.

Form 114 Trust Filers: FBAR Background Information

The Report of Foreign Bank and Financial Accounts, FinCEN Form 114, commonly known as FBAR, was created in the 1970s as a result of the Bank Secrecy Act of 1970. Originally designed to fight financial crimes and terrorism, FBAR turned into a formidable weapon for the IRS after 2001 to fight US international tax noncompliance.

The biggest reason why FBAR became such a useful tool to fight US international tax compliance are the draconian penalties associated with FBAR noncompliance. FBAR has a full range of penalties from criminal (i.e. a person actually going to jail for FBAR noncompliance) to non-willful (which may apply in situations when a person did not even know that FBAR existed).

A US person must file FBAR if he has a financial interest in or signatory authority over foreign financial accounts and the aggregate value of these foreign financial accounts exceeds $10,000 at any time during the calendar year. Prior to 2016 FBAR, the FBAR deadline was June 30 of each year. Starting 2016 FBAR, the FBAR deadline is aligned with the tax return deadline, including automatic extension to October 15 (this is still true as of the tax year 2019). This may change in the future years.

FinCEN Form 114 Trust Filers: Trusts Must File FBARs

All US persons who meet the FBAR filing requirements must file the form by the required deadline. The term “US persons” includes not just individuals and businesses, but also estates and trusts. A trustee’s failure to timely file an accurate FBAR may result in the imposition of FBAR penalties on the trust.

All types of trusts (as long as they are US persons) must file FBARs, including non-grantor trusts and grantor trusts. It is important to emphasize that the fact that all trust income passes to the grantor or another owner of the trust does not absolve the trust from its obligation to file FBARs.

Contact Sherayzen Law Office for Professional Help With FinCEN Form 114 Trust Filings and Trust Offshore Voluntary Disclosures

Unfortunately, many trustees still miss the fact that they must file FBARs on behalf of the trust. As I stated above, this may expose the trust to significant FBAR penalties.

Hence, if you are a trustee of a trust which has not complied with its FinCEN Form 114 obligations, then you should contact Sherayzen Law Office for professional help as soon as possible. We have successfully helped hundreds of US taxpayers, including trusts, to resolve their prior FinCEN Form 114 noncompliance. We can help you!

Contact Us Today to Schedule Your Confidential Consultation!