Form 8938 – Statement of Specified Foreign Financial Assets

Did you have at any time during the year have any foreign financial assets held for investment that are not in an account maintained by a US or foreign financial institution, namely:

  • Stock or securities issued by someone other than a U.S. person and not held through an investment account;
  • Any interest in a foreign entity, such as a foreign corporation, foreign partnership or foreign trust; and
  • Any financial instrument or contract that has as an issuer or counterparty that is other than a U.S. person.

 

If yes, you must file Form 8939 with your tax return if you’re:

 

Unmarried taxpayers living in the US:

The total value of your specified foreign financial assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year

 

Married taxpayers filing a joint income tax return and living in the US:

The total value of your specified foreign financial assets is more than $100,000 on the last day of the tax year or more than $150,000 at any time during the tax year

 

Married taxpayers filing separate income tax returns and living in the US:

The total value of your specified foreign financial assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year.

 

Taxpayers living abroad. You are a taxpayer living abroad if

  • You are a U.S. citizen whose tax home is in a foreign country and you are either a bona fide resident of a foreign country or countries for an uninterrupted period that includes the entire tax year, or
  • You are a US citizen or resident, who during a period of 12 consecutive months ending in the tax year, is physically present in a foreign country or countries at least 330 days.

 

If you are a taxpayer living abroad you must file if:

  • You are filing a return other than a joint return and the total value of your specified foreign assets is more than $200,000 on the last day of the tax year or more than $300,000 at any time during the year; or
  • You are filing a joint return and the value of your specified foreign asset is more than $400,000 on the last day of the tax year or more than $600,000 at any time during the year.

 

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