Lets say I want to send $24000 to my parents account in India from USA. I will first transfer in NRE account. Then move money from NRE into my parents account. If I send $8000 to NRE, move it into parents account, my balance in NRE will then be $0. I will repeat process three times. Thus I have transferred $24k to India without every exceeding $10k in FBAR. Did I violate any rule ?


Deliberately breaking transactions into smaller units to avoid reporting requirements is called structuring and may attract the attention of the IRS and/or law enforcement agencies. I'm not sure what the specific laws are on structuring with respect to FBAR reporting requirements and/or electronic transfers (as opposed to cash transactions). However, there's been substantial recent publicity about cases where people had their assets seized simply because federal agents suspected they were trying to avoid reporting requirements (even if there was no hard evidence of this). It is safer not to risk it. Don't try to structure your transactions to avoid the reporting requirements.

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    Structuring is a crime when done in avoidance of the BSA reporting requirement, and the BSA reporting has the same $10K limit. So while I'm unaware of any anti-structuring requirements wrt to FBAR itself, since the limit is the same as the BSA limit, I suspect that the anti-structuring laws will come into play in this scenario. – littleadv Jul 26 '15 at 20:50

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