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What does Foreign Account Tax Compliance Act (FATCA) require to be reported on Form 8938 (specified foreign financial assets)?

posted Aug 3, 2013, 9:40 PM by Zaher Fallahi

If you are required to file Form 8938, you must report your financial accounts maintained by a foreign financial institution.  Examples of financial accounts include:

Savings, deposit, checking, and brokerage accounts held with a bank or broker-dealer.

And, to the extent held for investment and not held in a financial account, you must report stock or securities issued by someone who is not a U.S. person, any other interest in a foreign entity, and any financial instrument or contract held for investment with an issuer or counterparty that is not a U.S. person.  Examples of these assets that must be reported if not held in an account include:

Stock or securities issued by a foreign corporation;

A note, bond or debenture issued by a foreign person;

An interest rate swap, currency swap, basis swap, interest rate cap, interest rate floor, commodity swap, equity swap, equity index swap, credit default swap or similar agreement with a foreign counterparty;

An option or other derivative instrument with respect to any of these examples or with respect to any currency or commodity that is entered into with a foreign counterparty or issuer;

A partnership interest in a foreign partnership;

An interest in a foreign retirement plan or deferred compensation plan;

An interest in a foreign estate;

Any interest in a foreign-issued insurance contract or annuity with a cash-surrender value. 

The examples listed above do not comprise an exclusive list of assets required to be reported.

For assistance with any tax matters, including the IRS representation and disclosing your unreported foreign bank accounts, you may contact Zaher Fallahi, Tax Attorney, CPA, at (310) 719-1040 (Los Angeles) or (714) 546-4272 (Orange County), or e-mail to taxattorney@zfcpa.com.

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