F’in FBAR spouse question

Hi all,

I am almost done with the fbar form but I am confused about something that is probably simple.

My spouse is a UK citizen, we live in the UK and he has no connection to the US. He put me on one bank account of his here in the UK so it is now a joint account. It is reportable for me, the US citizen, because it met the balance threshold for the year. Fine.

I’m confused because the form asks who the principle joint account holder is. Wtf? It’s a joint account. We both are. It then says that “If the filer’s spouse (I am the filer) has an interest in a jointly owned account, the filer’s spouse is the principal joint owner.” Thus, that seems to say that he is the principle account holder and I would have to list my non-US husband and his UK tax ID number on the US government FBAR form. (He is not on my US taxes except as NRA and he has no US TIN). I understand if both spouses are US citizens/and or residents that this would make sense. But he has no obligation to file anything with the US.

For those of you Americans with a non-US spouse that have completed this asinine form, is this correct? Do I list him as the principle account holder instead of myself?  That seems really unfair since he isn’t a US citizen or resident.

Thanks!

 

He is the principal account holder. This doesn't expose him to US tax, as the FBAR is an informational form only.

I am not in your situation but I would simply list him as the joint account holder, leave the TIN field blank (field 25) and from the dropdown in line 25a select "Unknown".

If your spouse doesn't file a Self Assessment return he would not have a UK tax id anyway (called a Unique Taxpayer Reference - UTR).

If you want to go a step further you could select "Foreign" and either leave line 25 blank or put his National Insurance number there or simply make up a number, no one is going to check. If you are really worried put in his NI number but "accidentally" transpose some digits.

Thanks very much vadio and durhamlad.

We know it won’t have an effect financially but my husband doesn’t like that his details must be given to the IRS when he is not a US citizen or resident.

I think I will put unknown on the form. His UK tax ID number is not their business. I’m the one they need to worry about and I’m complying. 😀

Thanks very much vadio and durhamlad.

We know it won’t have an effect financially but my husband doesn’t like that his details must be given to the IRS when he is not a US citizen or resident.

I think I will put unknown on the form. His UK tax ID number is not their business. I’m the one they need to worry about and I’m complying. 😀

This is why my husband and I do not have any joint accounts.  It's ridiculous that the US reach so much, but it's what they do, so we keep our finances separate to avoid his exposure.   He has absolutely no ties to the US, other than being married to me, and has never even visited the US. He shouldn't have to tell them anything.