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Financial Services Law Insights and Observations

FinCEN extends FBAR filing deadline for certain individuals

Financial Crimes FinCEN FBAR Bank Secrecy Act Department of Treasury

Financial Crimes

On December 4, the Financial Crimes Enforcement Network (FinCEN) issued Notice 2018-1 announcing a further extension of time for certain Report of Foreign Bank and Financial Accounts (FBAR) filings in light of FinCEN’s notice of proposed rulemaking (NPR) published March 10, 2016. (See previous InfoBytes coverage on the 2016 NPR here.) Specifically, one of the proposed amendments seeks to “expand and clarify the exemptions for certain U.S. persons with signature or other authority over foreign financial accounts,” but with no financial interest, as outlined in FinCEN Notice 2017-1 issued December 22, 2017. FinCEN noted that because the proposal has not been finalized, it is extending the filing due date to April 15, 2020 for individuals who previously qualified for a filing due date extension under Notice 2017-1. All other individuals must submit FBAR filings by April 15, 2019.