FBAR · FinCEN Form 114
FBAR penalty in 2026 — how much, and how to get it to $0
If you are a US citizen or green-card holder living abroad and your foreign accounts crossed $10,000, you were required to file an FBAR. Here is what a missed FBAR actually costs in 2026 — and the legal path to wipe non-willful exposure to zero.
Non-willful penalty
Up to $16,536 per annual report (2026). After Bittner v. United States (2023), it is charged per report, not per account — so 6 missed years is at most 6 × $16,536, not per-account stacking.
Willful penalty
The greater of $165,353 or 50% of the account balance, per account per year. This is why willfulness is the central question.
The $0 path
If your lapse was non-willful, the Streamlined Foreign Offshore Procedures carry a 0% offshore penalty: file the last 3 years of returns and 6 years of FBARs, and your exposure drops to $0.
FBAR penalty FAQ
- How much is the FBAR penalty in 2026?
- A non-willful FBAR penalty can reach $16,536 per annual report for 2026. After Bittner v. United States (2023) it is assessed per report, not per account. Willful penalties are the greater of $165,353 or 50% of the account balance, per account per year.
- Do I have to file an FBAR?
- You must file FinCEN Form 114 if the combined value of all your foreign financial accounts exceeded $10,000 at any point during the calendar year. It is an aggregate test across every account.
- Can I avoid the FBAR penalty if I'm behind?
- Yes — if your failure was non-willful, the IRS Streamlined Foreign Offshore Procedures let you file the last 6 years of FBARs with a 0% offshore penalty, reducing your exposure to $0.
Not tax or legal advice. 2026 figures. Verify with a cross-border tax professional before filing.