Certain individuals who have only signature authority over foreign financial accounts now have until June 30, 2016 to file the Report of Foreign Bank and Financial Accounts.
On November 24, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released Notice 2014-1, which states that certain persons who are obligated to file Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), now have until June 30, 2016 to file the form. This extended filing deadline applies to certain individuals who have signature authority over, but no financial interest in, one or more foreign financial accounts. The extension also applies to certain employees or officers of investment advisers registered with the Securities and Exchange Commission (SEC) who have signature authority over, but no financial interest in, certain foreign financial accounts.
As with the prior extension, FinCEN referenced the receipt of questions that required additional consideration with regard to the exceptions addressed in prior notices that extended deadlines for such individuals. Notably, in contrast to the prior extensions, FinCEN stated that it is considering regulatory changes to address such questions. Previously, FinCEN merely stated that it was continuing to consider such questions, without reference to regulatory changes. This extension covers not only the reporting of signature authority held by such persons for 2014 but also the reporting deadlines previously extended under FinCEN Notices 2011-1, 2011-2, 2012-1, 2012-2, and 2013-1. The filing due date of June 30 of each year applies to all others who are required to file an FBAR.
Generally, FinCEN Notice 2014-1 further extends the FBAR filing deadline for the following employees and officers of certain “excepted entities” (as defined in the final regulations released by FinCEN on February 24, 2011):
Notice 2014-1 also generally extends the filing deadline for employees or officers of investment advisers registered with the SEC who have signature or other authority over, but no financial interest in, foreign financial accounts of persons that are not investment companies registered under the Investment Company Act of 1940 (1940 Act). The exemption set forth in the final regulations covers only employees of “authorized service providers” with respect to accounts of mutual funds that are registered under the 1940 Act.
As noted, the above-described employees or officers now have until June 30, 2016 to file FBARs if FinCEN ultimately decides that such filings are required. Our “Ultimate FBAR Due Date Chart” has been updated to reflect these extended deadlines and is available here.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:
Richard S. Zarin
William P. Zimmerman
Richard C. LaFalce
. The prior deadline for such persons was June 30, 2015, per Notice 2013-1. For further details on the FBAR, see our previous LawFlashes on the subject: “Important New Development Regarding Reporting of Foreign Bank and Financial Accounts: What Corporations and Individuals Need to Know” (Jan. 27, 2009), available here; “FinCEN and IRS Issue Guidance on FBAR Filing Requirements for Certain U.S. Persons” (Feb. 26, 2010), available here; “FinCEN Issues Final FBAR Regulations for Certain U.S. Persons Holding Foreign Financial Accounts” (Mar. 11, 2011), available here; “FinCEN Issues Extension for Certain FBAR Filers” (June 3, 2011), available here; “Two More Extensions: IRS and FinCEN Issue Extensions for Certain FBAR Filers in IRS Notice 2011-54 and FinCEN Notice 2011-2” (Jun. 20, 2011),available here; “FinCEN Issues Additional Extension for Certain FBAR Filers” (Mar. 1, 2012), available here; “FinCEN Announces Third Extension for Certain FBAR Filers” (Jan. 4, 2013), available here; and “FinCEN Announces Extension for Certain FBAR Filers” (Jan. 14, 2014),available here.
. For further details, see our June 20, 2011 LawFlash, “Two More Extensions: IRS and FinCEN Issue Extensions for Certain FBAR Filers in IRS Notice 2011-54 and FinCEN Notice 2011-2,” available here.