are you certain? did you mean to say 50% of the amount of tax due, not the account balance?
https://www.irs.gov/newsroom/importa...ying-penalties
your scenario doesn't make sense.. if anyone can link legal language to support the post, please do so.
Originally Posted by Chung Tran
Chung Tran, This explains it in layman's terms:
FBAR Penalties. The penalties for failure to file an FBAR are worse than tax penalties. Failing to file an FBAR can carry a civil penalty of $10,000 for each non-willful violation. But if your violation is found to be willful, the penalty is the greater of $100,000 or 50 percent of the amount in the account for each violation—and each year you didn’t file is a separate violation.
I pulled it from
https://www.forbes.com/sites/robertw.../#25a2cdec363c
Here's a link to the IRS web site, that shows the penalty is now the GREATER OF $129,210 or 50% of the maximum bank or brokerage account balance for willful violations:
https://www.irs.gov/businesses/small...-accounts-fbar
If you did some combination of the following, I imagine they'd find the violation to be willful,
Failed to report the income on your tax return
Failed to check the box on your Form 1040 saying you have a foreign bank or brokerage account
Failed to file the FBAR, or FinCen 114 Form, reporting the existence and maximum value in each of your foreign bank and brokerage accounts
If you've got a foreign account and not reported it, you should take a look at the IRS's voluntary disclosure program. If you bring the failure to file to their attention before they catch it, they'll charge about 25% of the maximum balance for just one year, which could represent substantial savings over what they'd charge if they catch you.