US Expat Tax · FATCA
FATCA compliance and Form 8938
FATCA (the Foreign Account Tax Compliance Act) requires US persons to report specified foreign financial assets to the IRS on Form 8938, filed with their tax return, once those assets exceed the relevant threshold. Form 8938 reports assets — not just bank accounts — and its thresholds are higher than the FBAR's and vary by filing status and whether you live abroad. Many Americans in the UK have to file both Form 8938 and the FBAR.
FATCA — the Foreign Account Tax Compliance Act — is the rule behind Form 8938. If you are a US person and your specified foreign financial assets exceed the relevant threshold, you must report them to the IRS on Form 8938, filed with your tax return.
The key thing that catches people out is the difference from the FBAR. The FBAR reports accounts to the US Treasury at a $10,000 threshold. Form 8938 reports a broader set of assets to the IRS, at higher thresholds that vary by your filing status and whether you live abroad. They overlap, but they are not the same — and many Americans in the UK have to file both.
FATCA is also why UK banks and investment providers ask whether you are a US person: they report US-owned accounts under the same law. So even accounts you think of as purely “British” are visible to the US system.
FATCA / Form 8938 at a glance
- Form
- Form 8938
- Filed with
- IRS, with your return
- Reports
- Foreign financial assets
- Threshold
- Higher; varies by status
- vs FBAR
- Often file both
- Watch
- UK funds / PFIC traps
Who needs to think about FATCA
- Americans in the UK whose foreign assets exceed the Form 8938 threshold
- Dual citizens with UK investments, pensions or securities
- Green card holders holding UK financial assets
- Anyone already filing an FBAR with a larger asset base
- People holding UK funds or ISAs (potential PFIC exposure)
- Those unsure whether their UK holdings are reportable assets
FATCA (Form 8938) vs the FBAR
These are the two reports Americans abroad most often confuse — and frequently must file together. They serve different agencies, use different thresholds, and define what is reportable differently.
| Form 8938 (FATCA) | FBAR (FinCEN 114) | |
|---|---|---|
| Filed with | IRS, with your tax return | US Treasury (FinCEN) |
| Reports | Foreign financial assets | Foreign financial accounts |
| Threshold | Higher; varies by status & residence | $10,000 aggregate |
| How it is filed | Attached to Form 1040 | Electronically via BSA E-Filing |
| Covers non-account assets | ||
| Many UK-based Americans file | Often both | Often both |
Form 8938 (FATCA)
- Filed with
- IRS, with your tax return
- Reports
- Foreign financial assets
- Threshold
- Higher; varies by status & residence
- How it is filed
- Attached to Form 1040
- Covers non-account assets
- Many UK-based Americans file
- Often both
FBAR (FinCEN 114)
- Filed with
- US Treasury (FinCEN)
- Reports
- Foreign financial accounts
- Threshold
- $10,000 aggregate
- How it is filed
- Electronically via BSA E-Filing
- Covers non-account assets
- Many UK-based Americans file
- Often both
See the FBAR side in full on our FBAR filing guide, or check your FBAR position in under a minute.
Common mistakes we see
The usual errors: assuming filing the FBAR covers FATCA (or vice versa) when both may be required; missing assets that are not held in an “account” — such as directly held foreign securities or interests in entities; applying the wrong threshold for your residence status; and overlooking that many UK funds and ISAs can be PFICs, which brings separate, punitive US reporting.
The UK fund / PFIC trap
This deserves a specific warning. Many ordinary UK pooled investments — including funds held inside an ISA — can be treated as PFICs (passive foreign investment companies) for US tax. PFICs carry complex reporting and a punitive default tax treatment that can erode returns. If you hold UK funds, or are about to, this is worth reviewing with a specialist before you file or invest — not after.
How we handle it
FATCA and FBAR, prepared together
Map your assets
We identify every foreign financial asset and account, and whether you cross the relevant thresholds.
Check for traps
We flag PFIC exposure in UK funds and ISAs, and any assets easy to overlook.
Prepare
We prepare Form 8938 with your return and the FBAR in parallel, kept fully consistent.
File & review
Filed by a US specialist and independently reviewed, with a clear record of what was reported.
Related areas we handle
Frequently asked questions
FATCA (the Foreign Account Tax Compliance Act) requires US persons to report specified foreign financial assets to the IRS on Form 8938, filed with your federal tax return, once the total value of those assets exceeds the relevant threshold. It reports assets, not just bank accounts, and is separate from the FBAR.
They are separate filings. The FBAR (FinCEN Form 114) goes to the US Treasury and reports foreign accounts once their combined value tops $10,000. Form 8938 goes to the IRS with your tax return, reports a broader range of foreign financial assets, and has higher thresholds that vary by filing status and whether you live abroad. Many Americans in the UK have to file both.
The reporting thresholds are higher than the FBAR’s $10,000 and vary by your filing status and whether you live inside or outside the United States — they are notably higher for those living abroad. Because the exact figures depend on your circumstances and can change, it is worth confirming your specific threshold rather than assuming. We will tell you whether you cross it.
Broadly, foreign financial accounts plus other foreign financial assets held for investment — such as foreign stocks or securities not held in an account, interests in foreign entities, and certain foreign financial instruments. UK investment accounts, certain pensions and holdings can fall within scope.
Often as well. The two have different agencies, thresholds and definitions, and filing one does not satisfy the other. A large number of Americans in the UK are required to file both, which is why they should be prepared together and kept consistent.
Possibly. Many UK pooled investments — including funds held within ISAs — can be treated as PFICs (passive foreign investment companies) for US tax, which carries its own complex reporting and punitive default tax treatment. This is a common and costly trap, and well worth reviewing with a specialist before you invest or file.
Not sure if you cross the FATCA threshold?
The thresholds depend on your status and where you live — and UK funds can carry hidden traps. Book a consultation and we'll tell you exactly what you need to file.