FBAR for LLC: when your US LLC must file FinCEN 114

A US LLC formed under US or state law is a United States person for FBAR purposes (Cornell LII: 31 CFR 1010.350). It must file its own FBAR when its foreign accounts total more than $10,000 at any time during the calendar year (FinCEN: Report Foreign Bank and Financial Accounts). Tax treatment does not change this: a disregarded LLC still files if otherwise required (FinCEN: Who Is a United States Person).

FBAR for LLC: the LLC itself is the filer

The FBAR, short for Report of Foreign Bank and Financial Accounts, is FinCEN Form 114 (IRS: Comparison of Form 8938 and FBAR). It is an annual report (IRS: Report of Foreign Bank Accounts (FBAR)). Your LLC is a United States person under the FBAR rules if it was created, organized or formed under the laws of the United States or any state (Cornell LII: 31 CFR 1010.350). Who owns the LLC plays no part in that definition.

FinCEN states: “The federal tax treatment of an entity does not determine whether the entity has an FBAR filing requirement.” It adds that an entity disregarded for federal tax purposes “must file an FBAR, if otherwise required to do so” (FinCEN: Who Is a United States Person). So a disregarded LLC files when it meets the other requirements.

How the rules apply to the LLC's own report:

Your LLC	Does the LLC file?	Source
Formed under US or state law, with a financial interest in or signature authority over foreign accounts whose combined value exceeds $10,000 at any point in the year	Yes	Cornell LII: 31 CFR 1010.350; FinCEN: Report Foreign Bank and Financial Accounts
Same, and disregarded for federal tax purposes	Yes, if otherwise required	FinCEN: Who Is a United States Person
Same, with any other federal tax treatment	Yes; tax treatment does not decide it	FinCEN: Who Is a United States Person
Same, and one foreign account produced no taxable income	Yes; that account still counts as foreign	IRS: Report of Foreign Bank Accounts (FBAR)

Your own FBAR, as the owner, is a separate question. It turns on your own accounts and your own status, and a CPA or enrolled agent can check it with you.

What counts toward the $10,000 test

Add up every foreign financial account the LLC has a financial interest in or signature authority over. If the combined value exceeds $10,000 at any time during the calendar year, the LLC files (FinCEN: Report Foreign Bank and Financial Accounts).

Two rules decide whether an account is foreign:

• Where the bank is. Generally, an account at a financial institution located outside the United States is a foreign financial account (IRS: Report of Foreign Bank Accounts (FBAR)).
• Income does not matter. Whether an account produced taxable income has no effect on whether it is a foreign financial account for FBAR purposes (IRS: Report of Foreign Bank Accounts (FBAR)).

When the 2025 FBAR is due

For calendar year 2025, the FBAR was due April 15, 2026. If you missed that date, an automatic extension runs to October 15, 2026, and you don't need to request it (IRS: Report of Foreign Bank Accounts (FBAR)). If your LLC must file for 2025 and has not filed yet, October 15, 2026 is the date to plan around.

See also the federal tax calendar.

How filing and records work

You don't file the FBAR with your federal tax return (IRS: Report of Foreign Bank Accounts (FBAR)). It goes in on its own. For the LLC's separate tax filing, see the Form 5472 guide for foreign-owned LLCs.

If you want someone else, such as your accountant, to file for you, the IRS says to use FinCEN Report 114a, Record of Authorization to Electronically File FBARs (IRS: Report of Foreign Bank Accounts (FBAR)). You don't submit Report 114a with the FBAR. You keep it for your records.

Record-keeping has its own rule, 31 CFR 1010.420. For each account reported under 31 CFR 1010.350, it lists what your records must show (Cornell LII: 31 CFR 1010.420), including:

• the name the account is held in;
• the account number or other designation;
• the name and address of the foreign bank or other person;
• the account's maximum value.

Quick answers

Does a single-member LLC owned by a non-resident need to file an FBAR?

It can. An LLC formed under US or state law is a United States person under the FBAR rules (Cornell LII: 31 CFR 1010.350). A disregarded LLC must still file if otherwise required (FinCEN: Who Is a United States Person). It files when its foreign accounts together go over $10,000 at any point in the calendar year (FinCEN: Report Foreign Bank and Financial Accounts).

Is the FBAR the same as Form 8938?

No. They are different reports. The IRS says the Form 8938 filing requirement “does not replace or otherwise affect a taxpayer’s obligation to file FinCEN Form 114”, which is the FBAR (IRS: Comparison of Form 8938 and FBAR). Check the FBAR threshold on its own, even if you also file Form 8938.

Do I need to request an extension to file the FBAR by October 15?

No. The IRS allows an automatic extension to October 15 when you miss the April 15 due date, and you don't need to request it (IRS: Report of Foreign Bank Accounts (FBAR)). For calendar year 2025, the extended date is October 15, 2026.

Where Taxller fits

Money you put in or take out, and loans between you and the LLC, are kept separate in your books — the owner transactions that Form 5472 asks about. Our free tax calendar lists the federal deadlines for sellers and the state deadlines for 12 states, with weekend shifts applied and sources cited. Taxller never files or pays anything on your behalf: you or your accountant review and file.

Sources

• Who Is A United States Person? (FinCEN)
• Report Foreign Bank and Financial Accounts (FinCEN)
• Report of Foreign Bank and Financial Accounts (FBAR) (IRS)
• Comparison of Form 8938 and FBAR requirements (IRS)
• 31 CFR 1010.350 - Reports of foreign financial accounts
• 31 CFR 1010.420 - Records to be made and retained by persons having financial interests in foreign financial accounts