What Is the FBAR Statute of Limitations, and How Long Can the IRS Assess Penalties?
The IRS has 6 years from the FBAR due date to assess a civil penalty under 31 U.S.C. § 5321. Because the FBAR for a given calendar year is due April 15 of the following year (with automatic extension to October 15), the six-year window begins on April 15. After the IRS assesses a penalty, it has an additional two years to file a civil action in federal court to collect it.
- Six-year assessment period: Runs from the FBAR due date (April 15 of the year after the reporting year)
- Two-year collection period: After assessment, the government must file suit within two years under 31 U.S.C. 5321(b)(2)
- No tolling for extensions: The automatic October 15 extension does not restart the six-year clock; it runs from the original April 15 due date
- Consent to extend: The IRS may ask you to sign Form 872-FA extending the assessment period; you are not required to agree
How this differs from income tax statutes:
| Statute | FBAR | Income tax (Form 1040) |
| Standard assessment period | 6 years from the due date | 3 years from filing |
| Substantial omission | N/A | 6 years |
| Fraud or non-filing | 6 years (same) | No limit |
| Collection after assessment | 2 years (civil action) | 10 years (administrative) |
Why unfiled FBARs create extended risk:
The six-year clock starts from the due date of each unfiled FBAR. If you missed the 2020, 2021, 2022, 2023, and 2024 FBARs, each year has its own six-year window. The IRS can assess penalties on the 2020 FBAR until April 2027, the 2021 FBAR until April 2028, and so on. Coming forward through the Streamlined Filing Compliance Procedures or Delinquent FBAR Submission Procedures before the IRS contacts you preserves penalty relief options.
For FBAR penalty questions, see our FBAR Penalties Guide.
Last updated on April 29, 2026
