Financial Crimes Enforcement Network
BSA Electronic Filing Requirements for the Report of Foreign Bank and Financial Accounts
(FBAR) (FinCEN Report 114) 48
Financial Interest. A United States person has a financial interest in a foreign financial account
for which:
1. the United States person is the owner of record or holder of legal title, regardless of
whether the account is maintained for the benefit of the United States person or for the
benefit of another person; or
2. the owner of record or holder of legal title is one of the following:
a. An agent, nominee, attorney, or a person acting in some other capacity on behalf
of the United States person with respect to the account;
b. A corporation in which the United States person owns directly or indirectly: (i)
more than 50 percent of the total value of shares of stock or (ii) more than 50
percent of the voting power of all shares of stock;
c. A partnership in which the United States person owns directly or indirectly: (i)
an interest in more than 50 percent of the partnership's profits (e.g., distributive
share of partnership income taking into account any special allocation
agreement) or (ii) an interest in more than 50 percent of the partnership capital;
d. A trust of which the United States person: (i) is the trust grantor and (ii) has an
ownership interest in the trust for United States federal tax purposes. See 26
U.S.C. sections 671-679 to determine if a grantor has an ownership interest in a
trust;
e. A trust in which the United States person has a greater than 50 percent present
beneficial interest in the assets or income of the trust for the calendar year; or
f. Any other entity in which the United States person owns directly or indirectly
more than 50 percent of the voting power, total value of equity interest or assets,
or interest in profits.
Person. A person means an individual and legal entities including, but not limited to, a limited
liability company, corporation, partnership, trust, and estate.
Signature Authority. Signature authority is the authority of an individual (alone or in
conjunction with another individual) to control the disposition of assets held in a foreign
financial account by direct communication (whether in writing or otherwise) to the bank or
other financial institution that maintains the financial account. See Exceptions, Signature
Authority.
United States. For FBAR purposes, the United States includes the States, the District of
Columbia, all United States territories and possessions (e.g., American Samoa, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam,
and the United States Virgin Islands), and the Indian lands as defined in the Indian Gaming
Regulatory Act. References to the laws of the United States include the laws of the United States
federal government and the laws of all places listed in this definition.
United States Person. United States person means United States citizens; United States
residents; entities, including but not limited to, corporations, partnerships, or limited liability
companies created or organized in the United States or under the laws of the United States; and
trusts or estates formed under the laws of the United States.