What's The FBAR Statute Of Limitations?‏

The only thing that is consistent is the inconsistent enforcement of this penalty from office to office.
The issue is being coordinated at the IRS Appeals level out of the Dallas, Texas Appeals Office.
According to 31 U.S.C. 5321(b), the statute of limitations is 6 years from the “transaction.” There is no authoritative interpretation when a transaction occurs, but the Internal Revenue Manual (IRM) says it’s the FBAR due date (6/30 the date of the filing violation).
Back in 2003, FinCEN delegated its authority to enforce FBAR penalties to the IRS, as reported in this IRS news release. Plus, the IRS recently amended the IRM to clarify the procedures for the IRS Appeals Office to review FBAR penalties.  However, the IRM is generally not authoritative, much less binding on the IRS. What’s more, despite this delegation of authority to the IRS, the Tax Court does not have jurisdiction to consider FBAR penalties.

Both the IRS and the Individual are subject to 31 U.S.C. 5321(b).
Therefore in interpreting “transaction” the only thing one can consider is the language:
“(1) Assessments.— The Secretary of the Treasury may assess a civil penalty under subsection (a) at any time before the end of the 6-year period beginning on the date of the transaction with respect to which the penalty is assessed.”
The only reference to “transaction with respect to which the penalty is assessed” is the failure to file the FBAR itself. The penalty may be based on a bank account balance but is triggered by the failure to file the FBAR. Put it another way: one can get an FBAR penalty even if the balance in the account is zero.
So, I have trouble seeing another way that 31 U.S.C. 5321(b) can be interpreted.

Limitations periods for tax-related offenses will be tolled while the taxpayer has absconded or is outside the United States; and on civil liability also where a fraudulent return or no return has been filed. [18 U.S.C. § 3290, 26 U.S.C. § 6531 (2012); United States v. Hoffman, 80 A.F.T.R.2d (RIA) 6062 (6th Cir. 1997) (conviction for tax offenses; statute of limitations tolled during flight from prosecution on unrelated state charge); United States v. Marchant, 774 F.2d 888, 892 (8th Cir. 1985), cert. denied 475 U.S. 1012 (1986) (absence from United States); 26 U.S.C. § 6501(c)(1), (3) (2012).] The limitations period on collection of assessed tax will likewise be tolled. [26 U.S.C. § 6503(c) (2012)].

Offense	Code Section	Statute of Limitations	Code Section
Tax Evasion	§ 7201	6 years	§ 6531(2)
Failure to Collect or Pay Over	§ 7202	6 years	§ 6531(4)
Failure to Pay	§ 7203	6 years	§ 6531(4)
Failure to File	§ 7203	6 years	§ 6531(4)
Failure to Keep Records	§ 7203	3 years	§ 6531
Failure to Supply Information	§ 7203	3 years	§ 6531
Supply False Withholding Certificate	§ 7205	3 years	§ 6531
False Tax Return	§ 7206(1)	6 years	§ 6531(5)
Aid or Assist in False Tax Return	§ 7206(2)	6 years	§ 6531(3)
Deliver or Disclose False Document	§ 7207	6 years	§ 6531(5)
Attempt to Interfere with Administration of Internal Revenue Laws	§ 7212(a)	6 years	§ 6531(6)
Conspiracy to Commit Tax Evasion	18 U.S.C. § 371	6 years	§ 6531(8)
Conspiracy to Defraud	18 U.S.C. § 371	6 years	§ 6531(1)
False Claim for Refund	18 U.S.C. § 286 or 287	5 years	18 U.S.C. § 3282
False Statement	18 U.S.C. § 1001	5 years	18 U.S.C. § 3282