The following chart highlights the civil and criminal penalties that may be asserted for not complying with the FBAR reporting and recordkeeping requirements.
| Violation | Civil Penalties | Criminal Penalties | Comments |
| 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). |