Certain individuals who have only signature authority over foreign financial accounts now have until April 15, 2020, to file the Report of Foreign Bank and Financial Accounts.
On December 4, 2018, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released Notice 2018-1, which states that certain persons who are obligated to file FinCEN Form 114: Report of Foreign Bank and Financial Accounts (FBAR) now have until April 15, 2020 to file the form.[1] 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 US Securities and Exchange Commission (SEC) who have signature authority over, but no financial interest in, certain foreign financial accounts.
In Notice 2018-1, FinCEN references proposed rules issued on March 10, 2016, that would expand and clarify the exemptions for certain US persons with signature authority over foreign financial accounts, which exemptions were addressed in prior notices that extended deadlines for such individuals. This extension covers not only the reporting of signature authority held by such persons for 2018 but also the reporting deadlines previously extended under FinCEN Notices 2011-1, 2011-2, 2012-1, 2012-2, 2013-1, 2014-1, 2015-1, 2016-1, and 2017-1. The filing due date of April 15, 2019 (with respect to the 2018 calendar year) remains applicable to all others who are required to file FBARs.
Generally, FinCEN Notice 2018-1 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[2]):
Notice 2018-1 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 who 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.[3]
As noted, the above-described employees or officers now have until April 15, 2020, to file FBARs. When adopted in final form, proposed regulations issued in March 2016 (discussed in our March 2016 LawFlash) will provide significant relief from the FBAR filing requirement to a broader group of individuals than those eligible for the extension under Notice 2018-1.
Our Ultimate FBAR Due Date Chart has been updated to reflect these extended deadlines.
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:
New York
Richard S. Zarin
Washington, DC
Richard LaFalce
[1]. The previous deadline for such persons was April 15, 2019, per Notice 2017-1, which is consistent with the federal income tax due date. Pursuant to P.L. 114-41, FinCEN will grant filers failing to meet the FBAR annual due date of April 15 an automatic extension to October 15 of the same calendar year; specific requests for this extension are not required. For further details on the FBAR, see our previous LawFlashes: FinCEN and IRS Issue Guidance on FBAR Filing Requirements for Certain U.S. Persons (Feb. 26, 2010); FinCEN Issues Final FBAR Regulations for Certain U.S. Persons Holding Foreign Financial Accounts (Mar. 11, 2011); FinCEN Issues Extension for Certain FBAR Filers (June 3, 2011); Two More Extensions: IRS and FinCEN Issue Extensions for Certain FBAR Filers in IRS Notice 2011-54 and FinCEN Notice 2011-2 (June 20, 2011); FinCEN Issues Additional Extension for Certain FBAR Filers (Mar. 1, 2012); FinCEN Announces Third Extension for Certain FBAR Filers (Jan. 4, 2013); FinCEN Announces Extension for Certain FBAR Filers (Jan. 14, 2014); FinCEN Again Extends Deadline for Certain FBAR Filers (Jan 26, 2015); FinCEN Extends Filing Deadline for Certain FBAR Filers (June 22, 2016), FBAR Deadline Extended for Certain FBAR Filers (Dec. 20, 2016); and FBAR Filing Deadline Further Extended (Jan. 10, 2018).
[2]. For further details, see our June 2011 LawFlash, FinCEN Issues Extension for Certain FBAR Filers.
[3]. For further details, see our June 2011 LawFlash, Two More Extensions: IRS and FinCEN Issue Extensions for Certain FBAR Filers in IRS Notice 2011-54 and FinCEN Notice 2011-2.