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Treasury further extends the FBAR filing deadline for certain individuals with signature authority to June 30, 2013

February 14, 2012 | No. 2012-94


The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) today issued a notice (FinCEN Notice 2012-1), to further extend—until June 30, 2013—the filing due date for certain individuals (employees or officers of specified regulated entities) with only signature authority over, but no financial interest in, certain foreign financial accounts to file a Report of Foreign Bank and Financial Accounts, Form TD F 90-22.1 (FBAR).

Today's FinCEN notice states:

In light of additional questions and concerns raised with respect to the exceptions addressed in Notice 2011-1 and Notice 2011-2, FinCEN is further extending the filing due date to June 30, 2013, for individuals whose filing due date for reporting signature authority was previously extended by Notices 2011-1 (as revised) or 2011-2. This extension applies to the reporting of signature authority held during the 2011 calendar year, as well as all years previously extended by Notice 2011-1 and 2011-2. For all other individuals with an FBAR filing obligation, the filing due date remains unchanged.

Background

In May 2011, and as revised in June 2011, FinCEN issued Notice 2011-1 to provide an extension until June 30, 2012, to report so-called signature authority accounts by certain officers and employees of entities that fit within one of the five categories of regulated entities listed in the FBAR final regulations but who fall outside the reporting exception. See TaxNewsFlash 2011-259.

In June 2011, FinCEN Notice 2011-2 extended the deadline until June 30, 2012, for the following individuals:

An employee or officer of an investment advisor registered with the Securities and Exchange Commission who has signature or other authority over, but no financial interest in, a foreign financial account of persons that are not registered investment companies.

The extensions under FinCEN Notices 2011-1 and 2011-2 applied for FBARs for calendar year 2010 and FBARs for calendar year 2009 or earlier calendar years for which the filing deadline was properly deferred under IRS Notice 2009-62 or Notice 2010-23. See TaxNewsFlash 2011-295.

 

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