There is no actual statistics about failure to file FinCEN114 but a search "how many penalties were imposed for failing to file FinCEN 114" comes up with this: AI Overview There is no single public statistic detailing the total number of penalties imposed for failing to file FinCEN Form 114 (FBAR) across all U.S. taxpayers. However, recent court cases and IRS guidance show that FBAR penalties are substantial, frequently imposed, and increasing in scrutiny. Fedor Tax +2 Following a landmark 2023 Supreme Court ruling, penalties for non-willful violations are generally limited to $10,000 per unfiled report (adjusted for inflation), rather than per account. Hughes Noff Tax Law +1 Key FBAR Penalty Statistics and Data Non-Willful Penalty (2025): The maximum penalty for a non-willful violation is adjusted annually and stands at approximately $16,536 per violation. Willful Penalty (2025): For willful violations, the penalty is the greater of $165,353 or 50% of the account balance at the time of the violation. Recent Enforcement: The IRS is increasingly leveraging data analytics to identify non-filers, targeting cases with account balances averaging over $1.4 million for audits in 2024. Impact of Bittner v. United States: This 2023 Supreme Court case significantly changed penalty calculations. In that case, penalties were reduced from $2.72 million (calculated per account) to $50,000 (calculated per form) for five years of non-willful violations. Example of Willful Penalty: In 2024, a U.S. District Court upheld a $2.9 million penalty for willful failure to report foreign accounts. Forvis Mazars US +3 Penalty Avoidance/Procedures The IRS does not impose penalties if the taxpayer has reasonable cause, or if they use specific procedures (such as the Streamlined Filing Compliance Procedures) to correct non-willful failures and are not already under audit. Hughes Noff Tax Law +1
