FATCA Form 8938

E44092

FATCA Form 8938 is an IRS tax form used by certain U.S. taxpayers to report specified foreign financial assets under the Foreign Account Tax Compliance Act.

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Observed surface forms (2)


Statements (49)

Predicate Object
instanceOf IRS tax form
information reporting form
administeredBy Internal Revenue Service
attachedTo Form 1040
Form 1040-NR filing
surface form: Form 1040-NR

Form 1040-SR
category international tax compliance form
country United States of America
surface form: United States
differentFrom Foreign Bank and Financial Accounts Reports
surface form: FinCEN Form 114
effectiveTaxYear tax years beginning after March 18 2010
excludes foreign real estate held directly
foreign social security-type benefits
filingAuthority filed with the IRS
filingMethod electronic filing with individual income tax return
paper filing
filingRequirement must be filed if total value of specified foreign financial assets exceeds applicable threshold
firstWidelyUsedTaxYear 2011
formNumber 8938
hasInstructionDocument Instructions for Form 8938
issuingAgency United States Department of the Treasury
surface form: U.S. Department of the Treasury
language English
legalBasis Foreign Account Tax Compliance Act
Internal Revenue Code
surface form: Internal Revenue Code section 6038D
officialName FATCA Form 8938 self-linksurface differs
surface form: Statement of Specified Foreign Financial Assets
penaltyForNonFiling $10,000 failure-to-file penalty
additional penalties up to $50,000 for continued failure after IRS notification
penaltyForUnderstatement 40 percent penalty on understatement of tax attributable to undisclosed foreign financial assets
purpose to help the IRS identify unreported foreign income
to report specified foreign financial assets
relatedTo FATCA Form 8938 self-linksurface differs
surface form: FATCA

Foreign Bank and Financial Accounts Reports
surface form: FBAR
reports foreign bank accounts
foreign brokerage accounts
foreign life insurance or annuity contracts with cash value
foreign mutual funds
foreign retirement accounts if specified foreign financial assets
foreign-issued stocks or securities held outside a U.S. account
interests in foreign entities
requiresDisclosureOf details of jointly owned foreign financial assets
maximum value of each specified foreign financial asset during the tax year
whether income was reported on the tax return
year-end value of each specified foreign financial asset
requiresTaxpayerIdentification taxpayer identification number
thresholdType different thresholds for U.S. residents and taxpayers living abroad
different thresholds for single and married filing jointly taxpayers
usedBy U.S. citizens
U.S. resident aliens
certain U.S. taxpayers
certain nonresident aliens who elect to be treated as resident aliens for tax purposes

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

FATCA Form 8938 officialName FATCA Form 8938 self-linksurface differs
this entity surface form: Statement of Specified Foreign Financial Assets
FATCA Form 8938 relatedTo FATCA Form 8938 self-linksurface differs
this entity surface form: FATCA