United States – Extension of Time to File Year 2022 FBARs

GMS Flash Alert 2022-218

WHY THIS MATTERS

This extension may provide welcome relief for affected persons who otherwise would have had to prepare an FBAR this year. This extension is only relevant to certain individuals with signature or other authority over certain foreign financial accounts, who have been granted similar extensions in years past.

FinCEN Notice 2022-1

FinCEN Notice 2022-1 provides – for the thirteenth time²– an extension to employees and officers of specified regulated entities (including U.S.-publicly-traded companies and financial institutions) who have only signature or other authority over, but no financial interest in, certain foreign financial accounts during the 2022 calendar year. The extension also applies with respect to reporting deadlines extended by previous FinCEN notices beginning in 2011.

This further extension is being granted because proposed regulations issued on March 10, 2016³ – which in part propose to revise the application of the filing requirements to U.S. individuals with signature or other authority over foreign financial accounts – have not yet been finalized.

For all other individuals with an FBAR filing obligation, the filing due date for calendar year 2022 FBARs remains April 17, 2023 (as the 15^th falls on a Saturday⁴), with an automatic extension of six months to October 16, 2023 (as the 15^th falls on a Sunday).

FOOTNOTES

1 FinCEN Notice 2022-1,Extended Filing Date Related to Notice 2021-1.

2 For prior coverage, see GMS Flash Alert 2021-308 (December 17, 2021).

3 For related coverage, see S. Friedman and T. McCormally, "FBAR Reporting: Changes Are in the Wind,” What’s News in Tax (April 2016), a publication of the KPMG International member firm in the United States.

4 See FinCEN Report of Foreign Bank and Financial Accounts (FBAR) Due Date for Calendar Year 2017 (“The FBAR filing deadline will follow the Federal income tax due date guidance, which notes that when the Federal income tax due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day.”)

The above information is not intended to be "written advice concerning one or more Federal tax matters" subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230 as the content of this document is issued for general informational purposes only.

The information contained in this newsletter was submitted by the KPMG International member firm in the United States.

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As an expert in tax and financial regulations, my in-depth knowledge spans various aspects of international financial reporting and compliance. My understanding of the complexities involved in filing reports such as the "Report of Foreign Bank and Financial Accounts (FBAR)" is demonstrated by my ability to interpret and articulate the nuances of the recent GMS Flash Alert 2022-218.

The article discusses the extension of time granted by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) for certain individuals with specific roles related to foreign financial accounts. This extension, outlined in FinCEN Notice 2022-1, is significant for those individuals who have only signature or other authority over certain foreign financial accounts.

The extension, valid until April 15, 2024, is the thirteenth time such relief has been provided to employees and officers of specified regulated entities, including publicly-traded companies and financial institutions. This extension is applicable to those who have authority over but no financial interest in certain foreign financial accounts during the 2022 calendar year.

The rationale behind this further extension lies in the fact that proposed regulations from March 10, 2016, which aimed to revise the filing requirements for U.S. individuals with authority over foreign financial accounts, have not yet been finalized.

For individuals with an FBAR filing obligation who do not fall under the specified categories, the filing due date for calendar year 2022 FBARs remains April 17, 2023, with an automatic extension of six months until October 16, 2023.

The article also references previous FinCEN notices and related coverage, emphasizing the evolving nature of FBAR reporting requirements. The footnotes provide additional context, directing readers to relevant prior coverage and sources for further information.

In conclusion, my expertise allows me to navigate the intricate details of this extension, recognizing its impact on affected individuals and the broader context of regulatory changes in FBAR reporting.

United States – Extension of Time to File Year 2022 FBARs - KPMG Global (2024)