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June 3, 2019
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If there is a loan in excess $10,000 from a foreign individual to a family member in the United States, is an FBAR required to be filed?

  • June 3, 2019
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No interest will be charged.  Loan repayments will be made to the foreign family member through wire.  A promissory note will be used to document the loan.

Best answer by Opus 17

The FBAR report is required if a US "taxpayer" (citizen, or resident alien subject to US tax law) owns a foreign bank account worth more than $10,000.

If someone is loaning you money, presumably they are putting money in your bank account for you to spend.  If that account is in the US, it's not a foreign account even though the money is from a foreign source.  If the account is foreign, and you draw money from the account as needed, then you own a foreign account.

1 reply

Opus 17Answer
Employee
June 3, 2019

The FBAR report is required if a US "taxpayer" (citizen, or resident alien subject to US tax law) owns a foreign bank account worth more than $10,000.

If someone is loaning you money, presumably they are putting money in your bank account for you to spend.  If that account is in the US, it's not a foreign account even though the money is from a foreign source.  If the account is foreign, and you draw money from the account as needed, then you own a foreign account.