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).