Real Estate & FBAR - Is Real Estate Ownership Included on the FBAR? (2024)

Real Estate & FBAR - Is Real Estate Ownership Included on the FBAR? (1)

Real Estate & FBAR – Is Real Estate Ownership Included on the FBAR? (Golding & Golding)

Real Estate & FBAR – Is Real Estate Ownership Included on the FBAR?

Real Estate & FBAR questions are very common, and we receive them quite often. There are typically three (3) situations in which Real Estate must be evaluated to determine whether or not it is included on the FBAR.

Here is a summary of the three (3) most common situations involving the FBAR and Real Estate:

Contents

  • 1 Example 1: Direct Ownership of Foreign Real Estate
  • 2 Example 2: Foreign Business that Owns Foreign Real Estate
  • 4 Out of Compliance for FBAR Reporting?
  • 5 Safely Disclose Assets/Accounts to the IRS

Example 1: Direct Ownership of Foreign Real Estate

When a person owns real estate directly (Commercial or Residential) it is not included on the FBAR — even if it is being used as a Rental Property.

If it is being used as rental property, the property is listed on IRS Form 1040, Schedule E — including the income and expenses — but the actual ownership of the property is not included on the FBAR.

Example 2: Foreign Business that Owns Foreign Real Estate

If you have ownership in, or interest in a foreign business — such as aSociedad Anonima orPanamanian Foundation, the ownership of the Foreign Corporation/Business Entity is not included on the FBAR. But, the ownership is included on the Form 8938 or Form 5471/8865 — depending on various factors beyond the scope of this FBAR article. (For more one Form 8938 basics, please click here).

Example 3: REIT (Real Estate Investment Trust) & Other Investments

Here is where it gets more complicated: There are many,many different types of investments around the globe. Some of these investments, might be Mutual Funds, ETFs, and other related funds, which are bundled with real estate — or, it may be and entire fund based on Foreign Real Estate.

If you have an investment in a Real Estate Investment, and the investment has an account number — then it is typically included on the FBAR. Just like an investment account with Foreign Mutual Funds or other equity funds are included on the FBAR, a real estate investment fund would also be included on the FBAR.

Out of Compliance for FBAR Reporting?

Presuming the money was from legal sources, your best options are either the Traditional IRS Voluntary Disclosure Program, or one of the Streamlined Offshore Disclosure Programs.

Safely Disclose Assets/Accounts to the IRS

We specialize in IRS Disclosure of Foreign/Offshore Assets, Accounts, Income and Investments.

IRS Voluntary Disclosurelawyer can be daunting, overwhelming, and downright confusing.

We’re here to help you.

Golding & Golding: About Our International Tax Law Firm

Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure.

We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe. Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR.

Each case is led by a Board-Certified Tax Law Specialistwith 20 years of experience, and the entire matter (tax and legal) is handled by our team, in-house.

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Real Estate & FBAR - Is Real Estate Ownership Included on the FBAR? (2024)

FAQs

Real Estate & FBAR - Is Real Estate Ownership Included on the FBAR? ›

While direct ownership of foreign real estate is not required to be reported on the FBAR, other forms of foreign real estate may be required to be included on the FBAR, if it is held in an investment account, such as an REIT, ETF or Mutual Fund.

Is foreign real estate reportable on FBAR? ›

A: Neither the FBAR nor the FATCA requires you to report any foreign real estate you own, but you ARE required to report any income derived from foreign real estate.

Is real estate considered a foreign financial asset? ›

Does foreign real estate need to be reported on Form 8938? Foreign real estate is not a specified foreign financial asset required to be reported on Form 8938. For example, a personal residence or a rental property does not have to be reported.

What assets are included in FBAR? ›

What is an FBAR?
  • Foreign assets like stock that's held by foreign financial institutions.
  • Assets in a foreign branch of a U.S. financial institution.
  • Foreign mutual funds, life insurance or annuity contract.
  • Foreign retirement accounts.
  • Accounts that you don't own but are able to control.
Apr 10, 2023

Does foreign real estate need to be reported to IRS? ›

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.

What are the exceptions to the reporting requirement of the FBAR? ›

FBAR Exceptions

Correspondent/Nostro Account. Correspondent or nostro accounts (maintained by banks and used solely for bank-to-bank settlements) are not required to be reported. Governmental Entity. A foreign financial account of any governmental entity is not required to be reported by any person.

What foreign assets must be reported to IRS? ›

Reporting by U.S. Taxpayers Holding Foreign Financial Assets
  • Stock or securities issued by someone other than a U.S. person.
  • Any interest in a foreign entity, and.
  • Any financial instrument or contract that has as an issuer or counterparty that is other than a U.S. person.

Is real estate part of real assets? ›

Commodities, real estate, equipment, and natural resources are all types of real assets. Real assets provide portfolio diversification, as they often move in opposite directions to financial assets like stocks or bonds.

Is real estate part of the financial sector? ›

The financial sector covers many different types of transactions in such areas as real estate, consumer finance, banking, and insurance. It also covers a broad spectrum of investment funding, including securities (see box).

Is real estate part of a financial portfolio? ›

For example, stocks are one of the many types of investments that you could have in your portfolio, along with bonds, real estate, commodities and others. However, you should continue the diversification by adding different types of stocks to your portfolio.

What triggers an FBAR audit? ›

There's no set trigger for an FBAR audit, but some common reasons include the following: Random selection: FinCEN may choose tax filers randomly to verify compliance. Discrepancies: Inconsistencies or errors in the FBAR filing may lead to an audit.

What is the highest balance for FBAR? ›

A person required to file an FBAR must report all of his or her foreign financial accounts, including any accounts with balances under $10,000.

What does the IRS consider a financial asset? ›

Cash, stocks, bonds, mutual funds, and bank deposits are all are examples of financial assets.

How are real estate transactions reported to the IRS? ›

Use Form 1099-S to report the sale or exchange of real estate.

What happens if you don't report foreign assets? ›

As a U.S. taxpayer, you can face penalties for failing to report your foreign-earned income even if you don't owe any federal income tax. The IRS penalizes both failures to report and failures to pay and the penalties for reporting violations can be substantial.

How does owning foreign property affect taxes? ›

Do US Citizens Have to Pay Taxes on Foreign Property? All US citizens must file a yearly tax return regardless of where they live in the world. When filing your return, you must report your worldwide income. This includes any gain or loss from selling a foreign property and rental income.

How do I report rental income from a foreign country? ›

U.S. citizens and residents are subject to U.S. income taxation on their worldwide income. Therefore, if you own foreign rental real estate, you're required to report your foreign rental income to the IRS and file a Schedule E as part of your Form 1040, as well as other forms.

Are foreign assets subject to US estate tax? ›

Whether someone is a U.S. citizen, a permanent legal resident (green card holder) or a foreign national on a visa, foreign assets received in the form of an inheritance or a gift may be subject to U.S. taxation and reporting requirements.

Where do you disclose foreign assets? ›

Disclosures required

The following details are required to be disclosed in Schedule FA: Any asset held outside India. This includes shares, debentures, life insurances, annuity contract, immovable property such as house property or other capital asset; Financial or beneficial interest in any overseas entity.

Are investment accounts reported on FBAR? ›

FBAR & Investment Accounts

Because it is not just Foreign Bank Account Reporting, but rather Foreign Bank and Financial Account Reporting. Therefore, taxpayers must report more than just a checking or savings bank account. Rather, investment accounts are reportable as well.

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