Do bank accounts, wealth products and insurance in China go on Form 8938? Thresholds, FBAR differences and penalties
If you're a U.S. tax resident and your foreign financial assets pass the threshold, you attach Form 8938 to your 1040. For a single filer living in the U.S., that's more than $50,000 at year-end or $75,000 at any time during the year; joint filers double it, and people living abroad get higher thresholds. It's a separate filing from the FBAR, and many people owe both.
- $50,000 / $75,000
- Single or married filing separately, living in the U.S.: foreign financial assets over $50,000 at year-end or over $75,000 at any time ($100,000 / $150,000 for joint filers)
- $200,000 / $300,000
- The threshold for single or separate filers living abroad ($400,000 / $600,000 for joint filers)
- $10,000
- Starting penalty for not filing; if you still haven't filed 90 days after an IRS notice, $10,000 more per 30 days, up to an additional $50,000
- 40%
- Accuracy-related penalty on an underpayment tied to an undisclosed foreign financial asset (instead of the usual 20%)
At a glance
- Who files: U.S. citizens, green card holders and residents under the day-count test ("specified individuals"), plus certain passive U.S. companies, partnerships and trusts ("specified domestic entities"). If you don't have to file an income tax return, you don't file Form 8938.
- Thresholds: single filers living in the U.S. file above $50,000 at year-end or $75,000 at any time; joint filers above $100,000 / $150,000; single filers abroad above $200,000 / $300,000, joint filers abroad above $400,000 / $600,000. The numbers haven't changed in years and apply again for 2026.
- What counts: foreign bank and brokerage accounts, wealth products, funds, cash-value insurance and annuities, shares of a foreign company you hold directly, foreign partnership interests and interests in foreign trusts. Real estate you hold directly, cash and gold don't count.
- Not the same as the FBAR: Form 8938 goes to the IRS with your 1040; the FBAR is e-filed separately with FinCEN. The thresholds and rules differ, and plenty of people file both.
- Penalties: $10,000 to start, plus up to $50,000 more; a 40% penalty on related underpayments; a 6-year statute if you omit more than $5,000 of related income; and the statute doesn't start on a year without Form 8938.
What is Form 8938, and who has to file it?
Form 8938 is the Statement of Specified Foreign Financial Assets required by FATCA (the Foreign Account Tax Compliance Act), filed with your 1040. "Specified individuals" file it: U.S. citizens, green card holders and other tax residents. Since the 2016 tax year, certain passive U.S. companies, partnerships and trusts ("specified domestic entities") file too. If you don't have to file an income tax return for the year, you don't file Form 8938.
Many clients first hear of Form 8938 when tax software or a preparer asks how much they have in accounts in China. Like the FBAR, it's an every-year check: if your assets pass the threshold, it goes in with the return.
- Specified individuals: U.S. citizens; noncitizens who are tax residents for all or part of the year (green card holders and people who meet the substantial presence test); nonresident aliens who elect to file jointly with a spouse and are treated as residents; and certain residents of American Samoa and Puerto Rico.
- Nonresidents don't file: a nonresident alien filing Form 1040-NR generally isn't a specified individual.
- Specified domestic entities: a U.S. corporation or partnership at least 80% owned by a specified individual with at least half of its income or assets passive (interest, dividends and the like), and certain U.S. trusts with a specified person as a beneficiary. Their threshold is $50,000 at year-end or $75,000 at any time.
- No return, no Form 8938: if your income is below the filing threshold and you don't have to file, you don't file Form 8938 even if your foreign assets pass its threshold (the FBAR is a separate question).
- Income doesn't matter: an account that earned nothing all year still counts if your assets pass the threshold.
What are the Form 8938 thresholds, and who counts as living abroad?
The thresholds depend on your filing status and whether you live abroad, and each has a year-end number and an any-time number. Pass either one and you file. Single filers living in the U.S.: $50,000 / $75,000. Single filers living abroad: $200,000 / $300,000. Joint filers double both.
Description: Find your filing status and where you live, convert all your foreign financial assets to dollars and add them up. If you pass either number, you file.
| Filing status | Living in U.S.: year-end over | Living in U.S.: any time over | Living abroad: year-end over | Living abroad: any time over |
|---|---|---|---|---|
| Single | $50,000 | $75,000 | $200,000 | $300,000 |
| Married filing jointly | $100,000 | $150,000 | $400,000 | $600,000 |
| Married filing separately | $50,000 | $75,000 | $200,000 | $300,000 |
| Specified domestic entity | $50,000 | $75,000 | — | — |
| No income tax return required | No Form 8938 | No Form 8938 | No Form 8938 | No Form 8938 |
- Two ways to be "living abroad": you're a U.S. citizen who is a bona fide resident of a foreign country for an uninterrupted period that includes the whole tax year, or you're a U.S. citizen or resident who was outside the U.S. for at least 330 full days in any 12 consecutive months ending in the tax year.
- Everything is added together: the test uses the total of all your specified foreign financial assets, not each account on its own.
- Joint ownership: on a joint return, jointly owned assets count once at full value. If you file separately and both spouses are specified individuals, each counts half.
- Assets already on Forms 5471, 8621, 3520 and similar: they still count toward the threshold (see below).
- No inflation adjustment: these figures have been the same since 2011, and they're unchanged for 2026.
What counts as a specified foreign financial asset, and what doesn't?
Two broad groups count: accounts at foreign financial institutions, such as bank deposits, brokerage accounts and cash-value policies in China; and foreign assets held for investment outside an account, such as shares of a foreign company you hold directly, foreign partnership interests and interests in foreign trusts. Real estate you hold directly, cash, gold and jewelry, foreign government social security-type benefits and accounts at U.S. financial institutions don't count.
| Asset | Counts? | Notes |
|---|---|---|
| Checking and time deposits at banks in China or Hong Kong | Yes | Deposit accounts at foreign financial institutions |
| Brokerage accounts in China or Hong Kong (A-shares, H-shares) | Yes | Report the account; the stocks inside aren't listed separately |
| Bank wealth products and mutual funds | Generally yes | Report the account they're held in; foreign fund shares held directly are reported too; may be PFICs on Form 8621 |
| Cash-value life insurance and annuities (such as Hong Kong savings policies) | Yes | Valued at cash value |
| Shares of a foreign private company held directly | Yes | Foreign stock held for investment outside an account |
| Foreign partnership interests | Yes | |
| Beneficial interests in foreign trusts or estates | Yes | Special valuation rules |
| Foreign pension plans (such as enterprise annuities) | Generally yes | Reported in Part VI, valued at your beneficial interest |
| Foreign government social security-type benefits | No | Expressly excluded; specific Chinese social insurance items need a case-by-case look |
| Real estate held directly (your home in China) | No | If held through a foreign company, the shares are reported and their value includes the property |
| Foreign currency, gold, jewelry, cars or art held directly | No | |
| U.S. bank and brokerage accounts, U.S. funds (even if they invest abroad) | No | Includes IRAs and 401(k)s |
| Accounts at a foreign branch of a U.S. bank | No | But they do go on the FBAR |
If I already filed Form 5471, 8621 or 3520, do I repeat the assets on Form 8938?
- No need to list them again: an asset already reported on Form 3520, 3520-A, 5471, 8621 or 8865 isn't itemized again on Form 8938. You note in Part IV which forms you filed and how many.
- They still count toward the threshold: specified individuals include those assets when testing the threshold (specified domestic entities don't).
- Only if you actually filed them: if you should have filed Form 5471 and didn't, you can't rely on this rule.
How do the FBAR and Form 8938 differ? Do I need both?
They're two agencies with two sets of rules. The FBAR goes to FinCEN, kicks in when your foreign accounts total more than $10,000, and covers only financial accounts. Form 8938 goes to the IRS, has much higher thresholds, but reaches further, including assets outside accounts such as foreign shares you hold directly. The same account can belong on both, and filing one doesn't excuse the other.
| Item | Form 8938 (FATCA) | FBAR (FinCEN 114) |
|---|---|---|
| Who files | Specified individuals and specified domestic entities | U.S. persons: citizens, residents, and U.S. corporations, partnerships, LLCs, trusts and estates |
| Threshold | Depends on filing status and residence (Figure 1); $50,000 / $75,000 for single filers in the U.S. | All foreign financial accounts combined over $10,000 at any time in the year |
| What's reported | Maximum value of specified foreign financial assets | Maximum value of foreign financial accounts |
| Valuation | Fair market value in U.S. dollars | Periodic statements may be used to find the maximum in the account's currency |
| Exchange rate | Treasury rate on the last day of the tax year | Treasury rate on the last day of the calendar year |
| Due date | With your income tax return, including extensions | April 15, automatically extended to October 15 |
| Where it's filed | Attached to your 1040, filed with the IRS | E-filed through FinCEN's BSA E-Filing System, not with your return |
| Signature-only accounts (such as a company account) | Not reported (unless you have another interest) | Reported (with some exceptions) |
| Foreign stock or partnership interests held outside an account | Reported | Not reported |
| Accounts held indirectly through an entity | Not reported | Reported if you own more than 50% |
| Foreign mutual funds | Reported | Reported |
| Foreign cash-value insurance and annuities | Reported | Reported |
| Foreign hedge funds and private equity funds | Reported | Not reported |
| Accounts at a foreign branch of a U.S. bank | Not reported | Reported |
| Accounts at a U.S. branch of a foreign bank | Not reported | Not reported |
| Real estate, cash, gold and personal property held directly | Not reported | Not reported |
| Foreign social security-type benefits | Not reported | Not reported |
| Penalties | $10,000 to start, up to $50,000 more; 40% accuracy penalty | Adjusted for inflation each year; non-willful penalties apply per report (Supreme Court, Bittner, 2023); willful penalties can reach 50% of the account balance |
For FBAR filing details, see yclcpa.com/fbar.
How are assets valued, and how is foreign currency converted?
Form 8938 reports each asset's maximum value during the year, generally at fair market value, and you can rely on periodic statements. Convert foreign currency at the U.S. Treasury (Bureau of the Fiscal Service) rate for the last day of the tax year. If Treasury didn't publish a rate for that currency, use another publicly available rate and say where it came from.
- Accounts: you can use monthly or quarterly statement balances to find the maximum value, unless you know they don't reasonably reflect it.
- Insurance and annuities: use the cash (surrender) value.
- Foreign company shares: use fair market value; if you don't know it, a reasonable estimate method is acceptable.
- Foreign pensions and estates: use the fair market value of your beneficial interest at year-end. If you don't know it and can't reasonably get it, use the distributions you received during the year, or zero if there were none.
- Foreign trusts: the distributions you received during the year plus the value of mandatory distributions owed at year-end, or the method in the instructions if you don't have the information.
- Negative values are zero: if an asset's maximum value is below zero, report zero.
- One rate for everything: convert every asset at the Treasury rate for the last day of the tax year, even an asset you sold mid-year.
Example (hypothetical numbers, to show the method): Mr. Zhang is single, lives in North Carolina, and held three assets in China and Hong Kong in 2026. Assume the Treasury rate for December 31, 2026 is $1 = RMB 7.1 and HK$7.8 (use Treasury's actual published rate).
| Asset | Maximum during the year | Year-end | Year-end in USD | Maximum in USD |
|---|---|---|---|---|
| ICBC savings account | ¥400,000 | ¥250,000 | $35,211 | $56,338 |
| China Merchants Bank wealth product | ¥200,000 | ¥200,000 | $28,169 | $28,169 |
| Hong Kong savings policy (cash value) | HK$160,000 | HK$160,000 | $20,513 | $20,513 |
| Total | $83,893 | $105,020 |
The year-end total of $83,893 already passes $50,000, so he files Form 8938 for 2026 and reports each asset's maximum value. All three are foreign financial accounts totaling more than $10,000, so he files an FBAR too, and the wealth product needs a PFIC check. If he were married filing jointly with only these assets, $83,893 at year-end wouldn't pass $100,000. The any-time test looks at the combined balances on the same day; if you're unsure, filing is the cautious choice.
How do common Chinese assets fit into Form 8938?
Deposits, brokerage accounts, wealth products and cash-value insurance in China generally count toward Form 8938, and so do shares of a company you hold directly. A home you hold directly doesn't. Social insurance, the housing provident fund and annuity plans need item-by-item review; don't assume they're exempt.
| Asset | Form 8938 | FBAR | Also watch |
|---|---|---|---|
| Deposits at Chinese banks (checking, time deposits, large CDs) | Counts | Counts | Interest goes on your 1040 |
| Bank wealth products and mutual funds | Generally counts | Generally counts | May be PFICs reported on Form 8621 (see yclcpa.com/8621) |
| A-share and Hong Kong brokerage accounts | Counts | Counts | Dividends and sale gains are taxable |
| Money market products such as Yu'ebao or Lingqiantong | Generally treated as a foreign account or fund | Generally treated as an account | Small balances still go into the total |
| Cash-value insurance, annuities, Hong Kong savings policies | Counts | Counts | Many people don't realize a policy counts |
| Shares of a private Chinese company | Counts (not itemized again if on Form 5471) | Doesn't count (but if you own more than 50%, the company's accounts do) | At 10% or more, check Form 5471 (see yclcpa.com/5471) |
| Basic social insurance pension and medical insurance accounts | Generally a foreign social security-type benefit, not reported | Generally not reported | Needs item-by-item review |
| Enterprise annuities, occupational annuities, personal pension accounts | Generally a foreign pension plan, reported | Needs item-by-item review | Valued at your beneficial interest |
| Housing provident fund | Needs item-by-item review | Needs item-by-item review | Bring the statements; don't assume |
| Real estate held directly | Doesn't count | Doesn't count | Rent and sale gains are taxable |
| Accounts in your parents' names that you only manage | Depends on whether you have an interest | Signature authority may require an FBAR | Depends on the facts |
What's the penalty for not filing Form 8938? Does the statute get longer?
Not filing a complete and correct Form 8938 on time costs $10,000. If you still haven't filed 90 days after an IRS notice, $10,000 more applies for each 30 days, up to an additional $50,000, for a maximum of $60,000. Underpayments tied to undisclosed foreign assets carry a 40% accuracy penalty. The statute of limitations doesn't start on a year without Form 8938, and if you omit more than $5,000 of income from these assets, the statute runs 6 years instead of 3.
- Starting penalty: $10,000 per year, whether or not any tax was underpaid.
- Continuation: if you haven't filed 90 days after the IRS mails a notice, $10,000 more for each 30 days (or part of 30 days), up to an additional $50,000.
- 40% accuracy penalty: an underpayment attributable to an undisclosed foreign financial asset draws 40% (IRC §6662(j)) instead of the usual 20%. Fraud draws 75%.
- The statute doesn't start: under IRC §6501(c)(8), if you don't file Form 8938 or leave an asset off, the assessment period for that year doesn't end until 3 years after you file it. With reasonable cause, the extension covers only related items.
- 6-year statute: if you omit more than $5,000 of income attributable to specified foreign financial assets, the statute is 6 years (IRC §6501(e)(1)(A)(ii)), regardless of how large the omission is relative to your income.
- Reasonable cause: no penalty applies if you show reasonable cause and not willful neglect. Foreign laws that penalize disclosure don't count as reasonable cause.
- The FBAR is separate: each form carries its own penalties, so missing both on the same account creates exposure on both.
I never filed Form 8938. How do I catch up?
Start by asking whether income was missed. If all income was reported and only Form 8938 is missing, and the IRS hasn't contacted you, file it with a Form 1040-X under the Delinquent International Information Return Submission Procedures (DIIRSP), with a reasonable cause statement. If interest, wealth product income or other income was missed and it wasn't willful, look at the streamlined procedures (SFOP / SDOP). If it was willful, talk to an attorney first.
- Only Form 8938 is missing: attach it to a 1040-X under DIIRSP, even if no numbers change on the return, with a reasonable cause statement (see yclcpa.com/diirsp). Relief isn't guaranteed.
- Income was missed: if interest, wealth product income or dividends from China weren't reported and it wasn't willful, streamlined covers 3 years of returns (with Form 8938 and every other information return) and 6 years of FBARs (see yclcpa.com/sfop). The SDOP 5% penalty base includes assets that should have been on Form 8938.
- Handle the FBAR at the same time: if Form 8938 was missed, the FBAR usually was too. Fix both together so the numbers match.
- Sooner is better: the statute never starts on a year without the form; it starts once you file.
What should I gather each year for Form 8938?
Go asset by asset: the institution's name and address, the account number, the date opened or acquired, the maximum and year-end values, the year's income (interest, dividends, gains), and any accounts opened, closed, bought or sold during the year. Chinese statements and phone screenshots are fine; we do the conversion and organizing.
Description: The top half lists what to gather for each asset; the bottom half shows the key dates.
① What to gather for each asset
| Document | Used for |
|---|---|
| Institution name and address (Chinese and English), account or policy number | Form 8938 Part V / VI, FBAR |
| Dates opened, acquired, closed or sold | The opened or closed boxes on Form 8938 |
| Maximum balance or value during the year (statements) | Both Form 8938 and the FBAR report the maximum |
| December 31 balance or value | The Form 8938 year-end threshold |
| Interest, dividends, wealth product income and sale gains for the year | Income on your 1040; the income amount and where it's reported on Form 8938 |
| Cash value statement for insurance | Valuing the policy |
| Ownership percentage and valuation support for company shares | Valuing foreign stock; possibly Form 5471 |
② Timeline
| When | What to do |
|---|---|
| January–February 2027 | Download December 2026 statements and the full-year history; get policy cash value statements |
| Around January 2027 | Look up Treasury's rate for December 31, 2026 and convert everything at that rate |
| April 15, 2027 | 1040 and Form 8938 due (extendable to October 15); FBAR due (automatic extension to October 15) |
| All year | Keep records of new accounts, closed accounts and large transfers for next year's filing |
Form 8938 at a glance
| Item | Who / which form | Number / rule | Notes | Applies to |
|---|---|---|---|---|
| Threshold (living in the U.S.) | Single or MFS · Form 8938 | $50,000 / $75,000 | Year-end / any time during the year | 2026 tax year (instructions Rev. 11-2021) |
| Threshold (living in the U.S.) | MFJ · Form 8938 | $100,000 / $150,000 | Joint assets counted once | 2026 tax year |
| Threshold (living abroad) | Single or MFS · Form 8938 | $200,000 / $300,000 | Bona fide residence, or 330 full days abroad in 12 months | 2026 tax year |
| Threshold (living abroad) | MFJ · Form 8938 | $400,000 / $600,000 | 2026 tax year | |
| Specified domestic entities | Closely held passive U.S. corporations, partnerships, trusts | $50,000 / $75,000 | 80% or more owned by a specified individual; at least half of income or assets passive | 2016 tax year and later |
| Due date | With Form 1040 | Same as the return, with extensions | 2026 tax year: April 15, 2027, extendable to October 15 | Current |
| Exchange rate | U.S. Treasury Bureau of the Fiscal Service | Last day of the tax year | Same rate for every asset | Current |
| Failure-to-file penalty | IRC §6038D | $10,000 | $10,000 per 30 days after 90 days from notice, up to $50,000 more | Current |
| Accuracy-related penalty | IRC §6662(j) | 40% | Underpayment tied to an undisclosed foreign financial asset | Current |
| Statute of limitations | IRC §6501(c)(8) | 3 years after filing | Stays open until the form is filed | Current |
| 6-year statute | IRC §6501(e)(1)(A)(ii) | Omitted income over $5,000 | Income attributable to specified foreign financial assets | Current |
| FBAR threshold | FinCEN 114 | Over $10,000 combined | Filed separately from Form 8938; April 15, automatic extension to October 15 | Current |
Common mistakes
"I filed the FBAR, so I don't need Form 8938."
They go to different agencies with different thresholds and scope. If your assets pass the Form 8938 threshold, you file both. Foreign company shares you hold directly go only on Form 8938, not the FBAR.
"The account earned nothing, so it doesn't count."
Form 8938 turns on asset value against the threshold, not income.
"My home in China would have to be reported too, so I'll just skip the whole thing."
Directly held real estate isn't reported on Form 8938 or the FBAR, though rent and sale gains are taxable. Sorting out what's reportable is far safer than reporting nothing.
"Only the year-end balance matters."
A single filer living in the U.S. under $50,000 at year-end still files if assets passed $75,000 at any time. Assets sold or moved during the year still count for that year.
What should I do in my situation?
Check the thresholds in Figure 1, then whether all your income was reported, and find your situation below.
- Situation A: you just got a green card or became a tax resident. From the year you become a resident, your accounts and assets in China count toward Form 8938 and the FBAR. In a dual-status year, look carefully at the resident portion.
- Situation B: your assets hover around the threshold. Recheck Figure 1 every year using the December 31 Treasury rate, and look at the maximum during the year too. Exchange rate swings alone can put you over one year and under the next.
- Situation C: all income was reported, but Form 8938 wasn't filed. File it with a 1040-X under DIIRSP with a reasonable cause statement (yclcpa.com/diirsp).
- Situation D: interest and wealth product income weren't reported either. If non-willful, look at streamlined and fix Form 8938 and the FBAR together (yclcpa.com/sfop).
- Situation E: you're a U.S. citizen or green card holder living abroad. If you meet the living-abroad test, the threshold rises to $200,000 / $300,000 ($400,000 / $600,000 joint). The FBAR threshold is still $10,000.
We sort out your accounts, wealth products and policies in China, one by one
Form 8938 is hard in two places: deciding which assets count, and converting each account's maximum, year-end value and income at the Treasury rate. We've done U.S.–China cross-border tax work for 10 years, read Chinese bank, brokerage, wealth product and insurance records, and prepare Form 8938 and the FBAR together so the numbers match.
- Big Four background, 15+ years in U.S. tax, 10 years of U.S.–China cross-border work, credentialed as CPA, EA and CAA
- Social insurance, the housing fund, annuities, policies and company shares reviewed item by item, not by guesswork
- Form 8938, the FBAR, Form 8621 and Form 5471 prepared with your 1040, with interest and wealth product income fully reported
- For missed years, we assess DIIRSP versus streamlined and write the statement from your own facts
How it works
- 1
Free assessment
A free 15-minute call about your status, where you live and your assets in China, to see whether you need Form 8938 and an FBAR.
- 2
Gather records
We send a checklist; you send statements or screenshots, and we organize each asset's maximum, year-end value and income.
- 3
Prepare the filing
We convert at the Treasury rate, prepare Form 8938 and the FBAR, and file them with your 1040 after you review and sign.
- 4
Ongoing support
We remind you to download statements each year, recheck the thresholds as assets and exchange rates change, and the same team answers any IRS letters.
FAQ
I'm single, live in the U.S., and have RMB 400,000 in accounts in China. Do I file Form 8938?
It depends on the dollar amount. At roughly RMB 7 to $1 that's about $57,000, so if it's there at year-end you're over $50,000 and you file. If you're under at year-end but passed $75,000 at any time, you also file. Use Treasury's December 31 rate, and check the $10,000 FBAR threshold separately.
Does my home in China go on Form 8938?
No. Real estate you hold directly isn't reported on Form 8938 or the FBAR, but rent and gains from selling it are taxable on your 1040. If the property is held through a foreign company, the company shares go on Form 8938 and their value includes the property.
I already file an FBAR. Do I still need Form 8938?
Possibly. The two forms go to different agencies with different thresholds and scope, so if your assets pass the Form 8938 threshold you also attach Form 8938 to your 1040. Foreign company shares you hold directly go only on Form 8938, and signature-only company accounts go only on the FBAR.
What's the penalty for not filing Form 8938?
$10,000 to start, then $10,000 more for each 30 days you haven't filed once 90 days pass after an IRS notice, up to an additional $50,000. Underpayments tied to undisclosed foreign assets draw a 40% penalty, and omitting more than $5,000 of related income extends the statute to 6 years. If all income was reported, DIIRSP may be the way to catch up.
Can YCL help me file Form 8938?
Yes. YCL CPA (yclcpa.com) reviews each of your deposits, wealth products, policies, shares and annuities in China, converts maximum and year-end values at the Treasury rate, and prepares Form 8938 with your FBAR, Forms 8621 and 5471 and your 1040. For missed years we assess DIIRSP or streamlined. Outcomes depend on your facts and the IRS, and we don't guarantee results. Book a free 15-minute call or message us on WeChat at YCLUSA.
Related guides
- Cross-BorderHow do I file an FBAR (FinCEN 114)? Which Chinese accounts count, how the $10,000 test works, and what missing one costs
- Cross-BorderSFOP or SDOP? Which streamlined path fixes unreported foreign income and missed FBARs?
- Cross-BorderDo Chinese mutual funds, wealth products and Hong Kong ETFs go on Form 8621? How PFIC tax works and how to keep it down
Sources
- IRS: Instructions for Form 8938 (Rev. November 2021, current) and Form 8938
- IRS: Comparison of Form 8938 and FBAR requirements (updated September 19, 2026)
- IRS: Do I need to file Form 8938, Statement of Specified Foreign Financial Assets?; Basic questions and answers on Form 8938
- IRC §6038D, §6662(j), §6501(c)(8), §6501(e)(1)(A)(ii); Treas. Reg. §1.6038D-1 through §1.6038D-8 (including §1.6038D-6 on specified domestic entities, 2016 tax year and later)
- IRS: International information reporting penalties; IRM 20.1.9
- U.S. Treasury, Bureau of the Fiscal Service: Treasury Reporting Rates of Exchange
- FinCEN: Report Foreign Bank and Financial Accounts (FBAR); U.S. Supreme Court, Bittner v. United States (2023)
- IRS: Delinquent International Information Return Submission Procedures (updated April 2026); Streamlined Filing Compliance Procedures (updated July 2026)
Not sure whether you need Form 8938?
Book a free 15-minute call. A CPA will look at your assets in China, tell you whether Form 8938 and the FBAR apply, and explain how to catch up on missed years, with no fee and no sales pitch.
