Tax Q&A

Is there an FBAR amnesty program in 2026?

The IRS Streamlined Filing Compliance Procedures remain open in 2026, although 'amnesty' is an informal label. Qualifying SFOP submissions have a 0% offshore penalty; qualifying SDOP submissions generally have a 5% offshore penalty. The IRS withdrew its separate published Delinquent FBAR Submission Procedures in July 2026, but the statutory reasonable-cause exception remains.

The program that still stands

Streamlined remains published with defined terms: three covered years of returns, six covered years of FBARs, and a sworn non-willfulness certification. The penalty terms differ by track. SFOP provides a 0% offshore penalty; SDOP generally imposes 5% on the highest aggregate year-end value of foreign financial assets subject to the miscellaneous offshore penalty (omitted FBAR or Form 8938 assets, plus properly reported assets whose income went unreported; assets not reportable on either form are excluded). Tax and interest remain due under both.

The one that lost its guarantee

The Delinquent FBAR Submission Procedures disappeared from the IRS website on July 1, 2026. Under the statutory reasonable-cause exception, no non-willful penalty shall be imposed when the violation was due to reasonable cause and the account balance was properly reported. Whether those conditions are established depends on the facts; the relief is not discretionary once they are established.

Reference information, not legal or tax advice. Figures come from our verified fact base and are checked against superseded values on every site update.

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