| Negligent Violation |
Up to $500 |
N/A |
31 U.S.C.
§ 5321(a)(6)(A)
31 C.F.R. 103.57(h) |
| Non-Willful Violation |
Up to $10,000 for each negligent violation |
N/A |
31 U.S.C. § 5321(a)(5)(B) |
| Pattern of Negligent Activity |
In addition to penalty under § 5321(a)(6)(A)
with respect to any such violation, not more than $50,000 |
N/A |
31 U.S.C. 5321(a)(6)(B) |
| Willful - Failure to File FBAR or retain records of account |
Up to the greater of $100,000, or 50 percent of the amount in the account at the time of the violation. |
Up to $250,000 or 5 years or both |
31 U.S.C. § 5321(a)(5)(C)
31 U.S.C. § 5322(a)
and 31 C.F.R. § 103.59(b) for criminal.
The penalty applies to all U.S. persons. |
| Willful - Failure to File FBAR or retain records of account while violating certain other laws |
Up to the greater of $100,000, or 50 percent of the amount in the account at the time of the violation. |
Up to $500,000 or 10 years or both |
31 U.S.C. § 5322(b) and 31 C.F.R. § 103.59(c) for criminal
The penalty applies to all U.S. persons. |
| Knowingly and Willfully Filing False FBAR |
Up to the greater of $100,000, or 50 percent of the amount in the account at the time of the violation. |
$10,000 or 5 years or both |
18 U.S.C. § 1001,
31 C.F.R. § 103.59(d) for criminal. The penalty applies to all U.S. persons. |
| Civil and Criminal Penalties may be imposed together. 31 U.S.C. § 5321(d). |