US·UK Accountants

Glossary · Reporting

Willful vs Non-Willful

The distinction that determines which FBAR penalty regime and disclosure programme applies.

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By Sam H., Founder & Lead Advisor

ACCA · ACA · Reviewed by Katie M.

In more detail

US foreign-account compliance draws a line between non-willful conduct (an inadvertent failure to file) and willful conduct (an intentional disregard of a known legal duty). Non-willful cases generally qualify for the Streamlined or Delinquent procedures with reduced or no penalties; willful cases carry higher exposure. Classification is fact-specific.

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