Government Proposals, Laws and Case Law regarding FBAR  


    This page contains links to various government proposals and laws regarding the reporting of foreign bank and financial accounts (FBAR) that are contained within the Bank Secrecy Act (BSA) of Title 31 as well as associated case law.

    Law

    Bank Secrecy Act of 1970

    Codified Bank Secrecy Act Regulations

    Final Rule addressing scope of persons required to file FBAR, the types of accounts that are reportable, and filing relief for certain persons, published 02.24.2011 and applicable to FBAR reports required to be filed by 06.30.2011 for calendar 2010, and all subsequent calendar years

    Final Rule defining mutual funds as financial institutions for FBAR, effective 05.14.2010


    Proposed

    Proposed Regulations under the BSA from the Financial Crimes Enforcement Network (FinCEN) 02.26.2010 - to clarify which persons will be required to file FBAR and which accounts will be reportable.  Note, final rule is above, effective 02.24.2011.

    Case Law

    First published decision on FBAR willfulness penalty - United States v. J. Bryan Williams



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