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Choose a professional who regularly handles both the FBAR (FinCEN Report 114) and IRS Form 8938, can explain why each form does or does not apply to your facts, and will identify exactly who prepares, reviews, submits, and supports every filing. Then verify the person’s credential, current PTIN, fees, review controls, and representation authority before signing an engagement.
Why foreign-account reporting requires a careful choice
“Foreign account reporting” is not one filing. Two separate systems may apply to the same person and even to the same account:
| Requirement | Filed with | What it generally covers | What your professional must analyze |
|---|---|---|---|
| FBAR (FinCEN Report 114) | Financial Crimes Enforcement Network (FinCEN), electronically | Qualifying foreign financial accounts under the Bank Secrecy Act | Account type, location, ownership or signature authority, maximum aggregate value, exceptions, and the current filing rules |
| Form 8938 | Internal Revenue Service, attached to the federal income-tax return when required | Specified foreign financial assets | Asset category, ownership or interest, filing status, residence, value on the last day and at any time during the year, and applicable exceptions |
Some accounts or assets can appear on both forms. Filing Form 8938 does not replace an independently required FBAR, and filing an FBAR does not replace Form 8938. A preparer who treats the two forms as interchangeable is not demonstrating the level of care this work needs.
Your choice also matters because the facts that trigger reporting are not limited to a year-end balance. Authority over another person’s account, joint ownership, interests in foreign entities or trusts, residency, expatriation history, and prior nonfiling can change the analysis. The right professional will ask about those facts instead of applying a single “foreign account” rule.
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Start by mapping your facts before contacting professionals
A short, accurate fact sheet makes interviews more useful and helps you detect whether a candidate understands your situation. Prepare:
- Your U.S. filing status and whether you lived in the United States or abroad during the year.
- Every foreign bank, brokerage, pension, insurance, digital-asset or other financial account you owned, jointly held, or could sign for.
- Foreign entities, partnerships, trusts, inheritances, or accounts held through another person or business.
- Approximate maximum value for each account during the calendar year, not only the closing balance.
- Account-opening and closing dates, currencies, ownership percentages, and whether the account generated income.
- Foreign tax paid, tax statements, withholding records, and exchange-rate information already available.
- Prior federal returns and FBARs, including years you may have missed or amended.
- Any notices from the IRS or FinCEN, questions from a bank, or previous advice that conflicts with what you now understand.
Do not conceal an uncomfortable fact while seeking a quote. A professional cannot assess penalties, correction options, or representation needs without knowing about past nonfiling, foreign trusts, entities, or an expatriation event.
Understand the two filings before evaluating advice
FBAR (FinCEN Report 114)
The FBAR is a calendar-year report filed electronically with FinCEN, not an attachment to your federal income-tax return. The Taxpayer Advocate Service describes the due date as April 15 of the following calendar year. Current-year instructions, exceptions, and any relief should be confirmed for the year being filed rather than assumed from an old calendar.
If you authorize someone else to submit the FBAR electronically, the Taxpayer Advocate Service identifies FinCEN Form 114a, Record of Authorization to Electronically File FBARs, as the authorization record to complete and retain. Ask whether the professional prepares that authorization, how it is stored, and what confirmation you will receive after submission.
Form 8938
Form 8938 is an IRS information return attached to your federal income-tax return when applicable. The IRS international-tax FAQ updated February 26, 2024, states these thresholds for unmarried U.S. citizens and residents living in the United States: specified foreign financial assets exceeding $50,000 on the last day of the tax year or $75,000 at any time during the year. For married taxpayers filing jointly in that same residence context, the stated figures are $100,000 on the last day or $150,000 at any time.
Those figures are not universal thresholds. Filing status, residence, and other circumstances can change the test, and the Form 8938 definitions and exceptions differ from FBAR rules. A professional should show you which threshold and definition was used, not merely say that your account was “under the limit.”
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Why a single balance is not enough
The same account can be treated differently under each regime, and an account below one threshold can still matter because of ownership, signature authority, aggregation, or another asset category. Request a written schedule showing each account or asset, the relevant maximum value, the form considered, the conclusion, and the reason for that conclusion.
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Check credentials, PTIN status, and representation rights
Anyone paid to prepare federal tax returns generally needs an active IRS preparer tax identification number (PTIN). A PTIN is a baseline requirement, not proof that the person specializes in international reporting.
| Professional category | What the IRS describes | Representation point to verify |
|---|---|---|
| Enrolled agent (EA) | Licensed by the IRS; subject to suitability checks, a three-part examination or qualifying experience, and continuing education | EAs have unlimited representation rights before the IRS |
| Certified public accountant (CPA) | Licensed by a state board and subject to examination, education, experience, ethics, and continuing-education requirements | CPAs have unlimited representation rights before the IRS; verify the state license is current |
| Attorney | Licensed through a state court or bar | Attorneys have unlimited representation rights before the IRS; verify the license and whether the lawyer handles tax matters |
| Other paid preparer | May have a valid PTIN without one of the credentials above | Representation rights can be narrower; ask exactly what the person may do if the IRS contacts you |
Verify an EA through IRS information and a CPA or attorney through the relevant state licensing authority. Ask for the professional’s current PTIN and credential details directly. Do not treat a polished website, a tax-software designation, or a general “international” label as a substitute for verification.
Use the IRS preparer directory correctly
The IRS Directory of Federal Tax Return Preparers with Credentials and Select Qualifications can help you find people with listed credentials or qualifications and valid PTINs. It is not a complete list of every legitimate paid preparer. The IRS explains that some valid preparers are absent because they do not hold one of the listed qualifications, opted out, or have a new or changed entry that has not yet appeared.
Presence in the directory is therefore useful confirmation, not a recommendation or a ranking. Absence should prompt questions about education, training, current PTIN, experience, and why the person is not listed—not an automatic conclusion that the person is unauthorized. A directory entry also does not establish experience with foreign trusts, entities, signature authority, expatriation, or your particular combination of accounts.
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Ask the same questions of each finalist and record the answers. A capable professional should be able to explain the method, not just give a yes-or-no result.
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- “How do you determine whether my facts trigger FBAR, Form 8938, both, or neither?” Look for a discussion of account type, authority or ownership, aggregation, filing status, residence, maximum values, and exceptions.
- “How often do you handle cases resembling mine?” Describe your actual facts: joint accounts, signature authority, foreign entities, trusts, expatriate or residency issues, or prior nonfiling. There is no official minimum case count; relevance matters more than a marketing number.
- “Who prepares and submits each filing?” Establish whether the same firm handles the income-tax return and FBAR, whether another specialist is involved, and who is accountable if information conflicts.
- “Is FBAR included in the engagement fee?” Ask separately about Form 8938, amended returns, FinCEN Form 114a, translations, currency conversions, foreign tax reporting, and responses to notices.
- “What records and maximum-balance information do you need?” The answer should include statements, ownership details, account numbers or identifying information required by the forms, and foreign tax documents—not just a year-end statement.
- “Who reviews the work before filing?” Find out whether a second preparer or supervisor checks the forms and how discrepancies are resolved.
- “What credential do you hold, is your PTIN current, and what representation can you provide?” Ask what happens if the IRS examines the return or requests clarification.
- “What will I receive after filing?” Require a complete copy of each filed return and report, submission confirmations, authorization records, and a list of unresolved items.
- “How can I reach you after filing season?” Clarify response times, hourly charges, and whether the engagement includes replies to routine questions or notices.
Compare proposals by scope, not just price
| Item to compare | What a clear proposal states | Warning sign |
|---|---|---|
| Deliverables | Federal return, Form 8938, FBAR, Form 114a when needed, review, submission, and copies | “International filing” with no named forms |
| Fact review | Interview or questionnaire covering accounts, authority, entities, trusts, residence, and prior years | Quote based only on the largest balance |
| Pricing | Fixed or hourly charges, assumptions, additional-work rates, and payment schedule | Unexplained add-ons or a fee based on a percentage of your refund |
| Responsibility | Named preparer, reviewer, signer, and submission owner for each form | No one will say who is accountable |
| Continuity | Post-filing contact, notice handling, retention, and secure document exchange | Service ends when the return is uploaded |
The IRS advises considering whether a preparer will be available when questions arise later and warns against fees calculated as a percentage of a refund. A lower quote can be more expensive if it excludes the FBAR, review, a required authorization, or follow-up with the IRS.
Confirm the engagement in writing
Before sharing sensitive statements, obtain an engagement letter or similarly detailed written agreement. It should identify:
- The tax years and jurisdictions covered.
- Each form and schedule included, including whether FBAR and Form 8938 are separate deliverables.
- Who gathers information, who prepares, who reviews, and who submits.
- How missing records, foreign-language documents, exchange rates, and uncertain ownership are handled.
- Fees, deposits, billing increments, revision charges, and notice-response rates.
- Secure delivery, retention, and destruction of account information.
- The date by which you must supply records and what happens if information arrives late.
- Post-filing support and the limits of representation.
Make sure the agreement does not quietly exclude prior-year corrections or foreign entities if those issues are part of your facts. If the professional coordinates with another specialist, the agreement should say which person makes the final determination and how you receive the combined work product.
Follow a controlled document and review process
Give complete records
Provide statements covering the entire calendar year, evidence of maximum values, account-opening and closing records, ownership documents, foreign tax receipts, and prior filings. Explain currency and valuation methods you used, but let the professional confirm whether they are appropriate. Keep your originals and a transmission log.
Review every field before signing
The IRS states: “Taxpayers are ultimately responsible for all the information on their federal income tax return, regardless of who prepares the return.” Read names, addresses, filing status, account identifiers, ownership percentages, maximum values, income, foreign taxes, and prior-year references. Ask for an explanation of every “not applicable” or omitted account.
Never sign a blank return or report. Do not allow a refund to be directed to an account you do not control; the IRS advises ensuring refunds go to the taxpayer’s own account. Request a complete copy before submission, not only a signature page.
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Obtain proof of submission
For the income-tax return and Form 8938, retain the filed return and acceptance record supplied by the preparer. For the FBAR, retain FinCEN’s electronic confirmation and any Form 114a authorization. Store these with the statements used to prepare the filings so a future preparer can reconstruct the analysis.
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Recognize red flags and know when to seek a second opinion
- The professional says Form 8938 and FBAR are the same filing or that one always replaces the other.
- The answer is based only on the December 31 balance, without asking about maximum values, ownership, authority, residence, or filing status.
- The person refuses to provide a PTIN, credential information, written scope, or a copy of the filing.
- You are asked to sign a blank return, approve figures you cannot see, or send a refund to an account controlled by the preparer.
- The fee is a percentage of your refund, or the quote omits the forms that your facts may require.
- The preparer promises that an outcome is guaranteed, discourages questions, or cannot explain who will answer an IRS or FinCEN inquiry.
- Past nonfiling, foreign trusts, entities, expatriation, or possible penalties are dismissed as routine without a fact-specific review.
Seek a second opinion when two professionals reach different conclusions, when the first person will not document the reasoning, or when your facts include a foreign trust, entity, expatriation, prior nonfiling, or a possible penalty. Tell the second professional exactly what was previously filed and provide both analyses; withholding the disagreement can lead to another incomplete answer.
Special situations that change the screening criteria
Signature authority without ownership
Someone who can direct transactions on an account may need a different analysis from the owner. Ask candidates specifically about signature authority, employer or fiduciary roles, and available exceptions.
Joint accounts and shared finances
Joint ownership can affect aggregation, reporting responsibility, and the information each person needs from the other owner. Confirm who will obtain statements and how duplicate or coordinated filings will be handled.
Foreign trusts, companies, and partnerships
An account held through an entity or trust may involve reporting beyond the two forms discussed here. A professional should identify the entity or trust issue early and say whether it is within the firm’s expertise or requires a specialist.
Expatriation or changing residency
Residence and filing status influence Form 8938 thresholds and other tax decisions. Provide dates of moves, visa or residency details, and prior returns so the professional does not apply a U.S.-resident rule automatically.
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Past nonfiling or an IRS notice
Do not treat a late or missing FBAR as a simple add-on to the current return. Ask whether the professional handles delinquent or amended filings, penalty analysis, and representation. Confirm the strategy in writing before submitting anything.
Build a yearly handoff so the problem does not recur
After filing, save the signed return, filed Form 8938, FBAR confirmation, Form 114a if used, statements, valuation worksheets, foreign-tax records, and correspondence in one dated folder. Record which accounts were considered reportable and why. Notify the professional promptly when you open or close an account, gain authority over one, create or inherit an entity or trust, move countries, marry, divorce, or change filing status.
At the next engagement, give the preparer last year’s complete package rather than only the final return. Ask whether the professional will update the analysis for current-year thresholds, instructions, exceptions, and changes in your facts. This continuity reduces the risk that a new preparer misses an account simply because it was not visible on the latest statement.
A practical decision rule
Choose the candidate who can produce a fact-specific, written explanation of both filing regimes; has a verifiable credential or clearly documented PTIN and training; accepts responsibility for each submission; provides a transparent fee and review process; and remains available after filing. If a candidate is strong in ordinary income-tax preparation but cannot explain FBAR, Form 8938, or your foreign entities and trusts, ask for a coordinated specialist rather than assuming the gap will be resolved later.
No official source ranks one credential above another for every foreign-account case, and there is no prescribed minimum number of FBAR or Form 8938 cases that guarantees competence. Your evidence of fit is the quality of the questions, the reasoning shown, the written scope, and the safeguards around review and submission.
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