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Annunity & FBAR

Annunity & FBAR

Old Jan 8th 2019, 8:03 pm
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Default Annunity & FBAR

I'm sure I've asked this question before in the past but can't find it here on BE.

I had reason to call by annuity provider this morning, they wanted to check I was receiving payment OK and I suspect was still alive. At the end of the conversation I asked them the value of the annuity, and was told it had no value. It couldn't be cashed in and paid out until I died, I have no control over it.

Good as far as the 8938 is concerned as it means I'm well below the threshold, which was why I asked about its value. But is it reportable on FBAR. It is a financial account, over which I have no control and has no value, so does it go on FBAR or not..
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Old Jan 8th 2019, 8:17 pm
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Default Re: Annunity & FBAR

'It is a financial account, over which I have no control and has no value'

I wouldn't. I agree with your reasoning. If the annuity went into a foreign account and went over $10,000 then I would report that. But I see that's not the case.
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Old Jan 8th 2019, 8:23 pm
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Default Re: Annunity & FBAR

It sounds like the annuity is very similar to my defined benefit pensions I receive in the UK. No cash value, I get monthly payments, my wife will get 50% of the monthly payments when I die and when we both die it goes away.

i don’t report the pensions on my FBAR filings.
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Old Jan 8th 2019, 10:17 pm
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Default Re: Annunity & FBAR

I concur, an annuity with no cash value is not reportable.
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Old Jan 8th 2019, 10:29 pm
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Default Re: Annunity & FBAR

Originally Posted by lansbury
I asked them the value of the annuity, and was told it had no value. It couldn't be cashed in , I have no control over it.

But is it reportable on FBAR. It is a financial account, over which I have no control and has no value, so does it go on FBAR or not..
Originally Posted by Hotscot
'It is a financial account, over which I have no control and has no value'

I wouldn't. I agree with your reasoning. If the annuity went into a foreign account and went over $10,000 then I would report that. But I see that's not the case.
I've been filing F-Bars for mine.

You say you'll be using TT for first time Lansbury.

And I don't think you have any Annuities (yet ;-) )Hotscot....so just thought I'd let you know:

I've been using TT Deluxe ever since I converted my 3 Pension Funds to Annuities. And every year, as I go through the Turbo Tax procedure - it warns me that that I should not forget to file F-Bars (as form can't be accessed directly through them).

You may both be correct - but I'd be cautious about not doing it.
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Old Jan 8th 2019, 10:55 pm
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Default Re: Annunity & FBAR

No issues MMcD.
My opinion is that if it doesn't reach the $10,000 threshold for the year then no need to FBAR.
Not employed as a tax professional though.
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Old Jan 9th 2019, 1:28 am
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Default Re: Annunity & FBAR

Originally Posted by durham_lad
It sounds like the annuity is very similar to my defined benefit pensions I receive in the UK. No cash value, I get monthly payments, my wife will get 50% of the monthly payments when I die and when we both die it goes away.

i don’t report the pensions on my FBAR filings.
Same as my defined benefit pensions I don’t report those. I haven’t been reporting the annunity as I don’t have any authority over it and I don’t see a compelling reason to change that.
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Old Jan 9th 2019, 1:35 am
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Default Re: Annunity & FBAR

Originally Posted by MMcD
I've been filing F-Bars for mine.

I've been using TT Deluxe ever since I converted my 3 Pension Funds to Annuities. And every year, as I go through the Turbo Tax procedure - it warns me that that I should not forget to file F-Bars (as form can't be accessed directly through them).

You may both be correct - but I'd be cautious about not doing it.
Originally our CPA said it didn’t need to be reported on FBAR so not being as confused over these matters as I am now I accepted his advice. I think in retrospect I would take the cautious route as you suggest but guess having not done so for a number of years it is best to maintain the status quo.
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Old Jan 9th 2019, 6:16 am
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Default Re: Annunity & FBAR

Originally Posted by lansbury


I think in retrospect I would take the cautious route as you suggest but guess having not done so for a number of years it is best to maintain the status quo.
Bureaucracy mandates consistency - don't upset the apple cart.

Now that I think about it - I'd do the same if I were you
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Old Jan 9th 2019, 10:37 am
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Default Re: Annunity & FBAR

if the annuity has cash value it is reportable. No cash value not reportable. Same applies to life insurance policies.
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Old Jan 9th 2019, 12:02 pm
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Default Re: Annunity & FBAR

Interesting mental exercise. Here (https://www.irs.gov/businesses/small...-accounts-fbar) they say:

United States persons are required to file an FBAR if:

the United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year reported.
I read that as saying that if the total of all foreign accounts exceeds $10,000 then all accounts are reportable. Therefore the zero value element is not relevant, rather the account is reportable on FBAR if it is part of a bigger picture. I'm not aware (but may be wrong) but nowhere in the FBAR instructions does it exempt zero balance accounts from the reporting.

And the first point talks about "a financial interest in". I'd say it is possible to have a financial interest in an account even if you have no authority over it.

However, for years I have not included occupational pensions on my FBAR as they have no value and I have no authority over it. It comes as a small surprise to see that "financial interest in" wording. Did it always state that?
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Old Jan 9th 2019, 2:20 pm
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Default Re: Annunity & FBAR

'I read that as saying that if the total of all foreign accounts exceeds $10,000 then all accounts are reportable. Therefore the zero value element is not relevant'

Aren't you contradicting yourself? If it has zero value then it doesn't exceed $10,000. (And if there are no other accounts that in aggregate make the total exceed $10,000)
I accept that I may be misunderstanding your point.
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Old Jan 9th 2019, 2:43 pm
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Default Re: Annunity & FBAR

Originally Posted by Hotscot
'I read that as saying that if the total of all foreign accounts exceeds $10,000 then all accounts are reportable. Therefore the zero value element is not relevant'

Aren't you contradicting yourself? If it has zero value then it doesn't exceed $10,000. (And if there are no other accounts that in aggregate make the total exceed $10,000)
I accept that I may be misunderstanding your point.
The way I read his statement is that if you have account(s) that aggregate to more than $10,000 then you have to report all accounts including those with zero balance which would include pensions and annuities with no cash value and savings and bank accounts that you no longer use but are still open.
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Old Jan 9th 2019, 3:08 pm
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Default Re: Annunity & FBAR

Awright...I see that.
Effin FBAR...
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Old Jan 9th 2019, 3:29 pm
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Default Re: Annunity & FBAR

Originally Posted by Hotscot
Awright...I see that.
Effin FBAR...
My sentiments exactly. We filled up some savings accounts in 2017 while transferring money to buy a house and emptied them before the end of the year. However I have not closed some of them so I guess that I will be reporting them again but with a balance of zero as we have other accounts adding up to over $10k.

I'm still on the fence about reporting my 2 pensions as I have no signatory authority over them and they have mo cash value. The ambiguity is enough for me not to suddenly start reporting them after 11 years.
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