What happens if I don't file FATCA?

Asked by: Dessie Leffler  |  Last update: February 13, 2026
Score: 4.7/5 (67 votes)

Failing to file FATCA (Form 8938) results in significant IRS penalties, starting with a $10,000 penalty, plus up to $50,000 for continued failure after IRS notice, and a 40% penalty on underpaid tax from non-disclosed assets, with extended statutes of limitations and potential criminal charges for willful non-compliance. Because foreign banks report directly to the IRS, they often know about your accounts even if you don't file, making non-compliance risky.

What happens if you don't file FATCA?

If you must file Form 8938 and do not do so, you may be subject to penalties: a $10,000 failure to file penalty, an additional penalty of up to $50,000 for continued failure to file after IRS notification, and a 40 percent penalty on an understatement of tax attributable to non-disclosed assets.

What is the penalty for FATCA violation?

The IRS can impose FATCA penalties starting at $10,000 per year for not filing, plus an additional $10,000 for every 30 days of continued non-compliance after IRS notice, up to $50,000 maximum.

Who is exempt from FATCA reporting IRS?

What assets are exempt from FATCA reporting? Physical cash, precious metals, directly-owned real estate, personal property, and foreign social security equivalents are exempt. Assets reported on Forms 5471, 8865, 3520, or 8621 are also exempt from Form 8938 (though they count toward thresholds).

Will the IRS catch me if I don't file?

Yes, the IRS will come after you for not filing taxes, eventually leading to penalties, interest, collections like liens or levies, and potentially criminal prosecution if you persistently refuse, as there's no statute of limitations for unfiled returns, allowing them to pursue you indefinitely. They can even file a Substitute for Return (SFR) for you, creating a tax bill, and begin a 10-year collection period. 

What Really Happens When You Opt Out of Paying Income Taxes?

40 related questions found

What is the IRS one time forgiveness?

The program essentially gives taxpayers who have a history of compliance a one-time pass on penalties that may have accrued due to an oversight or unforeseen circumstance, and the relief primarily applies to three types of penalties: failure-to-file, failure-to-pay, and failure-to-deposit penalties.

How many years before IRS comes after you?

The IRS generally has 10 years from the assessment date (Collection Statute Expiration Date or CSED) to collect back taxes, but this period can be paused or extended (tolled) by actions like bankruptcy, entering installment agreements, Offers in Compromise, Collection Due Process hearings, or if the taxpayer lives abroad, meaning some debts can be collected for much longer, potentially over a decade. Exceptions like tax fraud can eliminate the time limit entirely. 

Is FATCA mandatory?

Is FATCA mandatory in India? Yes, a FATCA self-declaration is mandatory in India after January 2016 after the issuance of Notification No. 62 of 2015 dated 7th August 2015, for Indian citizens and NRIs. The Indian government introduced Form 61B and Rules 114F to 114H to comply with FATCA regulations.

How do you avoid FATCA?

You will generally be exempt from FATCA Registration and withholding if you meet the requirements to be treated as an exempt beneficial owner (e.g. as a foreign central bank of issue described in Treas.

What is the $600 rule in the IRS?

The IRS $600 rule refers to the reporting threshold for third-party payment apps (like PayPal, Venmo, Cash App) for income from goods/services, where they send Form 1099-K to you and the IRS for payments over $600 in a year. While the American Rescue Plan initially set this lower threshold for 2022 and beyond, the IRS delayed implementation, keeping the old rule ($20,000 and 200+ transactions) for 2022 and 2023, then phasing in a $5,000 threshold for 2024, before recent legislation reverted the federal threshold back to the old $20,000 and 200+ transactions for 2023 and future years (as of late 2025/early 2026), aiming to reduce confusion. 

What happens if I forgot to file FBAR?

What happens if you file FBAR late? There is no late FBA R penalty but there are non-filing penalties. If it is determined that you were willful, the penalty can be up to 50% of the value of the account.

Can the IRS audit after 3 years?

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.

What happens if I don't declare foreign income?

Will I go to jail if I don't declare my offshore account? Yes. Any income earned in offshore accounts has to be declared by Canadian residents. Failure to do so is tax evasion and can lead to jail time.

What is the 3 year rule for the IRS?

The IRS 3-year rule generally refers to the timeframe for claiming a tax refund or for the IRS to assess additional tax, typically three years from the date you filed your return or two years from the tax payment date, whichever is later, but this rule has several exceptions, including longer periods for bad debts or fraud, and rules for when you didn't file at all, with different timelines for assessment vs. refunds. There's also a separate 3-year rule for hobby losses, where an activity is presumed profitable if it makes a profit in at least three of the last five years. 

What happens if I live abroad and don't file taxes?

The most common penalty is the failure-to-file penalty, which is 5% of the unpaid taxes for each month the return is late, up to a maximum of 25%. However, many US expats owe no US tax due to the Foreign Earned Income Exclusion (FEIE) or Foreign Tax Credit (FTC), so this penalty might not apply.

How does the IRS know if you have foreign income?

Your name appears on foreign financial accounts passed on to the IRS. Your children, applying to universities in the US, provide information about your income sources. Your name appears in another US expat's foreign business documents or tax returns submitted to the IRS.

What is the IRS 7 year rule?

The IRS 7-year rule generally refers to the extended time you need to keep tax records if you file a claim for a loss from worthless securities or a bad debt deduction, giving you up to 7 years from the due date of the return to claim a refund or credit for those specific issues. While the standard record retention is usually 3 years, this 7-year period ensures you have documentation for these specific, potentially complex, financial losses. 

What triggers most IRS audits?

Most IRS audits are triggered by automated systems flagging inconsistencies like unreported income (from 1099s/W-2s not matching), large or unusual deductions (especially home office, business losses, charitable giving), math errors, or claims by higher-income earners and self-employed individuals, whose returns naturally deviate more from statistical norms. Issues with foreign accounts, crypto, or incorrectly claiming credits (like EITC) also significantly raise audit risk, as does filing significantly differently than the average taxpayer in your income bracket.
 

What happens if I have more than $10,000 in a foreign bank account?

If you're a U.S. person with over $10,000 in foreign bank accounts at any point during the year, you must report them to the U.S. Treasury by filing the FBAR (FinCEN Form 114), or risk significant penalties, including large fines and potential jail time for willful violations, as this is a disclosure requirement separate from your tax return, typically due around the tax deadline. You also need to report and pay taxes on any income generated from these accounts, but the FBAR itself is for disclosure, not tax payment, and must be filed electronically. 

Why is my bank asking for FATCA?

The Foreign Account Tax Compliance Act (FATCA) is a US law passed in March 2010. It means banks in other countries must tell the US tax authority about their customers who are US Persons.

Which countries do not report FATCA?

FATCA & OECD CRS non-reporting countries as of 2024

  • Comoros.
  • Dominican Republic.
  • Armenia.
  • Botswana.
  • Guatemala.
  • Cambodia.
  • North Macedonia.
  • Philippines.

Is FATCA going away?

FATCA will not go away because:

The US government would have to raise taxes its US taxpayers from other “sources” if it did not obtain the revenue that FATCA generates. Implementation is in place and most FFIs have already invested in satisfying the complexity of the requirements.

Does IRS forgive after 10 years?

Yes, IRS debt generally goes away after 10 years from the assessment date, known as the Collection Statute Expiration Date (CSED), but this clock can pause or extend due to various actions like installment agreements, bankruptcy, or court judgments, meaning it doesn't always disappear automatically and can last longer. Key exceptions include fraud, no tax return filed, and specific extensions that stop the clock (tolling), allowing collection indefinitely in some cases. 

What is most likely to trigger an IRS audit in 2025?

In 2025, the IRS is most likely to audit returns with unreported income, disproportionate deductions (especially high charitable donations or large business losses), math errors, claiming 100% business use of a vehicle, or issues with digital asset transactions and Schedule C (self-employment) filings, with high-income earners ($200k+) being a significant focus, though anomalies across income levels raise flags. 

What is the IRS 5 year rule?

The Internal Revenue Service (IRS) requires a waiting period of 5 years before withdrawing balances converted from a traditional IRA to a Roth IRA, or you may pay a 10% early withdrawal penalty on the conversion amount in addition to the income taxes you pay in the tax year of your conversion.