Independent educational resource — not affiliated with the IRS or the U.S. Treasury. Content is general information, not tax or legal advice. See our Disclaimer.
IRS Form 8938 · Statement of Specified Foreign Financial Assets

Form 8938, decoded — before a missed disclosure becomes a $10,000 penalty.

If you're a U.S. taxpayer with foreign accounts, foreign stock, or other overseas financial assets above the FATCA thresholds, you may have to attach Form 8938 to your tax return each year. We explain the rules in plain English — no jargon, no upsell.

Independent & ad-supported Not affiliated with the IRS Updated for the current filing season

Form 8938 at a glance

  • Form: IRS Form 8938, filed with your annual income tax return (Form 1040) — not separately.
  • Law: Created by FATCA (the Foreign Account Tax Compliance Act) in 2010.
  • Thresholds: Start at $50,000 for single filers in the U.S., and much higher for those living abroad.
  • Penalties: $10,000 for failure to file, rising to $50,000 for continued failure, plus a 40% accuracy penalty on related understatements.
Where to start

Seven guides that cover the entire Form 8938 process

Whether you just learned this requirement exists or you're double-checking a detail before the deadline, start with the guide that matches where you are.

What Is Form 8938?

The basics: what the form covers, the FATCA law behind it, and how it differs from an FBAR.

Who Must File

Specified individuals and specified domestic entities — citizens, residents, and certain businesses.

Reporting Thresholds

The dollar amounts that trigger a filing, broken down by filing status and whether you live in the U.S. or abroad.

Specified Assets

Exactly which foreign assets count — and the surprising ones (like real estate) that don't.

How to File

A step-by-step walkthrough: gathering values, Parts I–VI, and avoiding duplicate reporting.

Deadlines & Penalties

Due dates, extensions, and a realistic look at what happens when Form 8938 is late, wrong, or missing.

8938 vs. FBAR

Two overlapping but distinct requirements. Here's how Form 8938 and FinCEN Form 114 actually differ.

?

FAQ

Quick, direct answers to the questions we hear most — from joint filers to crypto to closed accounts.

Why it matters

Form 8938 penalties stack up fast — and they apply even when you owe no extra tax

$50,000
Year-end threshold where reporting begins for single filers living in the U.S.
$10,000
Baseline penalty for failing to file a required Form 8938
$60,000
Maximum continuation penalty once the IRS notifies you and you don't respond
40%
Accuracy-related penalty on understatements tied to undisclosed assets
Latest articles

Deep dives on the details that trip people up

Beyond the core guides, we publish longer explainers on the FATCA backstory, valuation, foreign pensions, and the edge cases the rules never quite spell out.

FATCA Explained: How the 2010 Law Created Form 8938

How a 2010 law aimed at offshore tax evasion created a brand-new form millions of Americans now attach to their returns.

Read the article →

Form 8938 vs. FBAR: A Side-by-Side Deep Dive

Different agency, different threshold, different form. The specific situations where Form 8938 and the FBAR genuinely diverge.

Read the article →

Valuing Foreign Assets for Form 8938: Exchange Rates & Fair Market Value

Which exchange rate do you use? What's the "maximum value"? A practical guide to putting dollar figures on foreign assets.

Read the article →

Browse all articles

Not sure if you're over the threshold?

Our "Reporting Thresholds" guide lays out every dollar figure by filing status and residency, with worked examples for the year-end and any-time-during-the-year tests.

See the thresholds