Part IV – Items of General Interest
FBAR FILING REQUIREMENTS – CONTINUATION OF SUSPENSION OF FBAR
FILING REQUIREMENTS FOR PERSONS WHO ARE NOT UNITED STATES
CITIZENS, UNITED STATES RESIDENTS, OR DOMESTIC ENTITIES
Announcement 2010-16
This Announcement suspends, for persons who are not United States citizens,
United States residents, or domestic entities (corporations, partnerships, trusts, or
estates), the requirement to file Form TD F 90-22.1, Report of Foreign Bank and
Financial Accounts (FBAR), for the 2009 and earlier calendar years.
In October 2008, the Internal Revenue Service published a revised FBAR form
together with accompanying instructions that changed the definition of “United States
person.” The IRS received numerous questions and comments from the public
concerning the changed definition. In response, and to reduce the burden on the public,
the IRS issued Announcement 2009-51, 2009-25 I.R.B. 1105, which directed people to
refer to the definition of “United States person” in the July 2000 version of the FBAR
instructions to determine if they had a filing obligation. This effectively suspended the
filing of FBARs due on June 30, 2009, by persons who were not United States citizens,
United States residents, or domestic entities. Announcement 2009-51 stated that
additional FBAR guidance would be issued for subsequent filing years and invited public
comments concerning the FBAR form and instructions.
Since the issuance of Announcement 2009-51, and receipt of a significant
number of public comments, the Treasury Department has published proposed FBAR
regulations under 31 CFR Part 103, as well as proposed revisions that clarify
instructions for the FBAR (Form TD F 90-22.1). To provide taxpayers with guidance on
who is required to file FBARs due on June 30, 2010, and in particular to provide
immediate guidance to taxpayers on how to answer FBAR-related 2009 federal income
tax return questions (e.g., Schedule B of Form 1040, the “Other Information” section of
Form 1041, Schedule B of Form 1065, and Schedule N of Form 1120), the IRS and
Treasury Department believe it is appropriate to provide the following administrative
relief:
The requirement to file an FBAR due on June 30, 2010, is suspended for
persons who are not United States citizens, United States residents, or domestic
entities. Additionally, all persons may rely on the definition of “United States person”
found in the July 2000 version of the FBAR instructions to determine if they have an
FBAR filing obligation for the 2009 and earlier calendar years. The definition of “United
States person” from the July 2000 version of the FBAR is: The term “United States person” means (1) a citizen or
resident of the United States, (2) a domestic partnership, (3) a domesticcorporation, or (4) a domestic estate or trust.
This substitution of the definition of “United States person” applies only with respect to
FBARs for the 2009 calendar year and, as originally provided in Announcement 2009-
51, to earlier calendar years.
All other requirements of the 2008 version of the FBAR form and instructions, as
modified by Notice 2010-23, remain in effect until changed by subsequent guidance
issued by the Treasury Department, including the IRS.
EFFECT ON OTHER DOCUMENTS
Announcement 2009-51 is supplemented and superseded.
The principal author of this announcement is Emily M. Lesniak of the Office of
Associate Chief Counsel (Procedure and Administration). For further information
regarding this announcement, contact Emily M. Lesniak at (202) 622-4940 (not a tollfree
call).
CPA4GPR 