FBAR (FinCEN 114) for Canadian Landlords in Washington

What Is the FBAR?

The FBAR (Form FinCEN 114, "Report of Foreign Bank and Financial Accounts") is a US financial disclosure requirement administered by the Financial Crimes Enforcement Network, a bureau of the US Department of Treasury. It is not a tax return, but rather a reporting document designed to combat money laundering and terrorist financing.

If you are a US person with financial interest in or signature authority over foreign financial accounts that exceed $10,000 USD in aggregate at any point during the calendar year, you must file an FBAR. For Canadian landlords owning rental property in Washington, this requirement often catches investors off guard—particularly those maintaining Canadian bank accounts.

How the FBAR Applies to Canadian Landlords in Washington

As a Canadian citizen or permanent resident with US rental property in Washington, you may fall within the definition of a "US person" for FBAR purposes. This classification depends on your immigration status:

• US citizens: Always file an FBAR if they have reportable foreign accounts
• US green card holders (permanent residents): Must file if they maintain the green card and have reportable foreign accounts
• Substantial Presence Test (SPT) residents: Non-citizens who spend 183 days or more in the US over a three-year calculation period are treated as US persons for tax purposes and may be required to file an FBAR

For BC and other Canadian landlords purchasing rental property in Washington, the state's lack of state income tax makes it an attractive jurisdiction. However, this advantage does not eliminate federal FBAR obligations. Your Canadian operating accounts, savings accounts, RRSP accounts held in Canadian banks, and any joint accounts where you have signature authority must be reported if they exceed $10,000 USD in aggregate at any time during the year.

The $10,000 Threshold

The FBAR filing requirement is triggered when the aggregate balance of all foreign accounts exceeds $10,000 USD at any time during the calendar year. This is not an annual average—even a single day where your accounts exceed this threshold requires filing. For example:

• A Canadian chequing account with $6,000 CAD + a savings account with $5,000 CAD (approximately $9,400 USD combined) = below threshold
• The same accounts plus a $1,500 CAD TFSA = approximately $11,200 USD aggregate = FBAR filing required

Who Must File the FBAR

You must file an FBAR if you meet all three conditions:

1. You are a US person (citizen, green card holder, or SPT resident)
2. You have financial interest in or signature authority over foreign financial accounts
3. The aggregate value of these accounts exceeds $10,000 USD at any time during the calendar year

Financial interest includes:

• Direct ownership (individual account in your name)
• Joint account ownership
• Authority to control account funds
• Beneficial interest (e.g., certain trust accounts)

Signature authority means you have power of attorney or signing authority over an account, even if you have no ownership interest. Many Canadian landlords discover they must file because they co-sign on aging parents' accounts or maintain accounts for property management purposes.

Step-by-Step: How to Complete the FBAR

Step 1: Identify Reportable Accounts

Compile a list of all foreign financial accounts where you have financial interest or signature authority. This includes:

• Canadian chequing and savings accounts
• RRSPs and RRIFs held in Canadian institutions
• TFSAs
• Tax-free savings accounts held in Canadian credit unions
• Non-registered investment accounts in Canada
• Any Canadian joint accounts where you have signing authority

Note: Include accounts maintained for rental property operations in Washington (e.g., a Canadian account used to pay for maintenance, utilities, or property management).

Step 2: Calculate Aggregate Maximum Value

For each account, determine the maximum balance in USD during the calendar year. Use the daily exchange rate published by the Federal Reserve or any consistent, documented source. Sum all maximum values:

• If the aggregate is $10,000 USD or less: No FBAR filing required
• If the aggregate exceeds $10,000 USD: Filing is mandatory

Step 3: Obtain FinCEN Access

FBAR filing is done electronically through the Financial Crimes Enforcement Network's BSA E-Filing System:

1. Visit bsaefiling.fincen.gov
2. Create or access your existing FinCEN account
3. You will need to register and obtain credentials
4. Ensure you have your Social Security Number (SSN) or ITIN

Canadian citizens without an SSN must apply for an Individual Taxpayer Identification Number (ITIN) from the IRS before filing an FBAR.

Step 4: Complete FinCEN 114

The form requires:

• Your name, date of birth, and US address
• Each reportable account's financial institution name and address (including branch if applicable)
• Account number
• Account type (chequing, savings, investment, retirement, etc.)
• Maximum account balance during the year (in USD)
• Date of account opening and closing (if applicable)
• Whether you are the account owner, have signature authority, or both

For each Canadian bank account, provide the institution's address in Canada. For example, if your account is with TD Canada Trust, list the branch address where the account is maintained.

Step 5: File and Retain Confirmation

Submit the FBAR electronically. You will receive an electronic confirmation of filing. Print and retain this confirmation with your tax records.

Washington-Specific Considerations

No State Income Tax = No State FBAR Equivalent

Washington has no state income tax. This means:

• No state-level foreign account reporting requirement exists
• Your federal FBAR obligation is your only foreign account reporting requirement at the state level
• The absence of state income tax does not reduce your federal FBAR obligation

Property Tax Implications

While Washington's lack of income tax is beneficial, the state's property tax rate averages 1.03% of assessed value. Rental property owners must ensure their US tax reporting (Form 1040 with Schedule E, Form 1120-S, or Form 1065) accurately reflects rental income, as this is subject to federal taxation regardless of Washington's lack of state income tax. Your FBAR and your income tax return are separate filings.

Cross-Border Coordination

As a Canadian resident filing US returns:

• File your US FBAR with FinCEN (federal, not state)
• File your Canadian T1 return reporting worldwide income, including Washington rental income
• Claim foreign tax credits on your Canadian return for US federal income taxes paid
• The Canada-US Tax Treaty Article XV allocates taxation rights for real property income; generally, the country where the property is located (Washington/USA) has the primary right to tax rental income

Common FBAR Mistakes to Avoid

Mistake 1: Ignoring RRSPs and TFSAs

Many Canadian landlords assume only chequing and savings accounts are reportable. RRSPs and TFSAs held in Canadian financial institutions must be reported if the aggregate threshold is exceeded.

Mistake 2: Failing to File Due to "Below Threshold" Accounts

The threshold is aggregate, not per-account. Multiple accounts under $10,000 individually may collectively exceed the threshold.

Mistake 3: Not Converting to USD

Exchange rate calculation is mandatory. Use a consistent source (Federal Reserve daily rates, or IRS-approved methods). Failing to properly convert CAD balances to USD can result in unintentional underreporting.

Mistake 4: Missing the Deadline

The FBAR deadline is April 15 (with an automatic extension to October 15). Unlike the US income tax return (which has a separate June 15 extension for non-residents), the FBAR's extension is automatic and requires no additional filing.

Mistake 5: Filing Late Without Reasonable Cause

The IRS can assess penalties of $10,000 per violation for non-willful violations, or 50% of the account balance for willful violations. Once you discover a missed FBAR, file immediately and consider consulting a cross-border tax professional.

Key Deadlines

| Deadline | Detail | |----------|--------| | April 15 | FBAR filing deadline (Form FinCEN 114) | | October 15 | Automatic extension deadline (no form needed) | | Tax year | Calendar year (January 1 – December 31) |

Note: The FBAR deadline is independent of your US income tax return deadline.

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Key Takeaways for Washington Landlords

• **FBAR is mandatory if you are a US person with foreign accounts exceeding $10,000