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Bank Secrecy Act and FBAR: A Cross-Border Business Guide

Bank Secrecy Act and FBAR explained for foreign-owned and cross-border businesses: India and Canada accounts, Form 8938, Form 8300 and 2026 penalty figures.

Last reviewed October 27, 2026 · 3 min read · General information, not legal advice

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The Bank Secrecy Act (BSA) is a 1970 federal law that makes some cash and foreign-account facts reportable to the Treasury's Financial Crimes Enforcement Network (FinCEN). Under the Bank Secrecy Act and FBAR rules, the most familiar report is the Report of Foreign Bank and Financial Accounts (FBAR, FinCEN Form 114). This page is for U.S. tax residents with Indian or Canadian accounts, including green card holders and visa holders who pass the residency tests, and U.S. companies owned from abroad.

Slide show: The BSA and FBAR in seven slides

  1. What it is

    Passed in 1970, the Bank Secrecy Act calls for Treasury reports on certain cash payments and foreign accounts.

  2. Who it affects

    Businesses that take cash, plus U.S. citizens, tax residents and entities formed in the U.S. that hold foreign accounts.

  3. The rule

    File FinCEN Form 114 when the highest balances of your foreign accounts, added together, pass $10,000 in the year.

  4. The number

    Form 8938 starts higher. An unmarried person living in the U.S. files it with more than $75,000 at any point in the year, or more than $50,000 at year-end.

  5. The deadline

    April 15, extended automatically to October 15. For 2026 accounts: April 15, 2027.

  6. The penalty

    2025 table: a willful violation costs 50 percent of the balance or $165,353, whichever is greater. A non-willful one costs up to $16,536 per report.

  7. The tip

    Add the highest balance of every account together. Page 2 gives the Rupee-Loonie-Dollar Tally.

Who does the Bank Secrecy Act and FBAR cover?

ReportWhoTrigger
FBAR (FinCEN Form 114)Entities formed in the U.S., citizens and resident aliens that hold a financial interest in foreign accounts or have signature authority over themHighest balances added together above $10,000 in the year
Form 8938 (IRS, with the return)Specified individuals and certain domestic entities$50,000 / $75,000 and up, by status and residence
Form 8300Any trade or business that takes in cash, apart from a few exceptionsOver $10,000 in a single payment or related payments; file within 15 days

What does it mean for a foreign-owned or cross-border business?

SituationWhat the rule saysWhat to check
Green card holder or H-1B tax resident with Indian bank accounts or a Canadian RRSP or TFSAReportable once combined value passes $10,000; the IRS guide names RRSPs and TFSAsHighest balances, joint accounts, a parent's account you sign for
Illinois LLC owned from India or Canada, with a bank account thereA U.S.-formed entity is a U.S. personWhether its own accounts abroad pass $10,000
Green card holder who is a treaty resident elsewhereTreaty residence does not end the FBAR duty (IRS example)Treaty claims do not replace it
Foreign retirement accountsForeign accounts owned by a U.S. IRA or certain U.S. plans are covered by the exceptionNo IRS rule names EPF, PPF or NPS

The rules and checklist page has penalties and steps. See the FBAR step by step, Form 8938 step by step, the FBAR, T1135 and Schedule FA comparison and deadlines compared. Company ownership reports fall under the Corporate Transparency Act.

Frequently asked questions

Is the $10,000 FBAR threshold per account?

No. It is the combined highest value of all reportable foreign accounts.

Official sources

This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.