Form 8938 for Americans in Germany
Country-specific records and U.S. filing questions for Form 8938 when an American lives, works, owns assets, or has transactions connected to Germany. Identify the records needed before agreeing on preparation scope.
Start with the facts
Country, state, residence, ownership, work location, and tax year facts come before a form conclusion.
Written scope before preparation
Describe your filing needs first. Any paid review, preparation scope, and price are agreed before work begins.
Why specified foreign financial asset reporting requires a Germany records review
Form 8938 reports specified foreign financial assets when the applicable filing-status and residence thresholds are met, with definitions that differ from FBAR. Germany taxes residents on worldwide income. Progressive rates from 14% to 45%, plus 5.5% solidarity surcharge on tax liability, plus 8-9% church tax if applicable. Preserve local registration, assessment, payment, withholding, and currency records by tax year rather than copying a local total into a U.S. form. Foreign accounts, securities, interests in entities, contracts, and other specified assets must be inventoried and tested under the tax-year thresholds and exceptions.
Residence, work, and source facts in Germany
A German residence permit (Aufenthaltstitel), registration at the Einwohnermeldeamt (residents' registration office), and German tax ID (Steuer-ID) strongly support bona fide residence claims. Build the residence file from the permit, home, family, days, work, and local filing records together. For presence, residence, and work facts in Germany: Germany's central location in Europe makes Schengen travel easy, but days in Germany count toward your 330 days outside the US. Days in other countries also count favorably as long as you are not in the US. Keep payer, contract, service-location, payroll, and entity records separate. Keep the residence timeline, travel calendar, work location, and relevant local returns for the tax year being reviewed.
The Germany accounts, products, and entities to inventory
Examples you may encounter include Deutsche Bank, Commerzbank, DZ Bank. Identify the legal owner, account or product type, currency, and documents available. A local product name alone does not establish its U.S. tax classification.
Documents to request before preparing Form 8938
Gather the following records, along with relevant Germany tax returns, assessments, and payment evidence. Keep original-currency amounts and the exchange-rate method used.
- maximum and year-end account values
- custodian statements and account numbers
- ownership and beneficiary documents
- foreign entity or trust records
- FBAR comparison and exchange-rate support
Country-specific questions that can change the U.S. result
Use these questions to identify missing facts in the Germany file:
- Is the asset held through a bank, broker, pension, trust, or entity?
- Does the country statement show the maximum value?
- Is the asset reportable on Form 8938, FBAR, both, or neither?
Common mistakes for Americans filing from Germany
Check for these form-specific issues:
- treating Form 8938 and FBAR as interchangeable
- omitting non-bank foreign financial assets
- using the filing threshold without considering filing status and residence
Facts to review for Form 8938 in Germany
A U.S. person in Germany needs country-specific FATCA and FBAR account classification to test Form 8938 thresholds and exceptions.
- Germany signed a Model 1 IGA with the US in 2013. German banks report US person data to the BZSt (Federal Central Tax Office), which shares it with the IRS. Some German banks refuse US citizen accounts due to FATCA compliance burdens.
- German bank accounts, Bausparverträge (building savings contracts), and investment depot accounts must be reported on FBAR if aggregate balances exceed $10,000. German Riester and Rürup pension plans may also require reporting.
- Local currency: EUR.
Relevant rules: Germany FATCA/FBAR account types and Form 8938 reporting. Sources last verified 2026-09-01 by FileAbroad editorial review.
Frequently asked questions
Does living in Germany automatically require Form 8938?
No. The filing question depends on the form's trigger, the taxpayer's status, the legal owner, the tax year, and the records. Living in Germany identifies the local documents to gather; it does not replace the U.S. instructions or a fact-specific review.
Which Germany records should I gather first?
Start with residence and travel records, local tax identification and returns, bank or investment statements, income and withholding records, the legal documents for any entity or plan, and the original-currency conversion support. Then add the form-specific records listed on this page.
Can a local tax return replace the U.S. Form 8938 analysis?
No. A local return can provide evidence about income, tax paid, residence, or ownership, but U.S. forms use their own definitions and tax-year instructions. Reconcile the local return with the U.S. filing rather than copying its categories.
What happens before FileAbroad prepares Form 8938?
Start with a brief inquiry about the years and filing needs involved. Chip reviews the broad facts and explains the next step. Any paid assessment or preparation scope is agreed separately before work begins.