Free IRS 3520 Form in PDF

Free IRS 3520 Form in PDF

The IRS Form 3520, formally known as the Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, is a critical document for taxpayers engaged in specific foreign transactions. It serves as a communication channel to disclose transactions with foreign trusts, receipt of large gifts, or bequests from certain foreign individuals. Understanding and accurately filling out this form is essential to maintaining compliance with U.S. tax regulations. For detailed guidance on how to complete Form 3520, click the button below.

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For individuals navigating the complexities of financial transactions and gifts involving foreign entities, understanding the requisite reporting obligations to the U.S. Internal Revenue Service (IRS) is critical. Among the various forms that taxpayers might need to contend with, IRS Form 3520, titled "Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts," stands out. This form serves as a crucial tool for reporting significant transactions with foreign trusts, the receipt of large gifts or bequests from foreign persons, and the creation or transfer of assets to a foreign trust. Failure to accurately complete and file Form 3520 can result in substantial penalties, underscoring the importance of compliance. The form's specifications highlight the IRS's commitment to ensuring transparency in the financial activities of U.S. persons engaging across borders, aiming to curb evasion and ensure all owed taxes are duly collected. With the scope of what needs to be reported ranging from the creation of foreign trusts by U.S. persons to the receipt of certain large gifts or inheritances from non-U.S. persons, the implications of Form 3520 are vast, affecting individuals and entities alike who are involved in the global flow of wealth.

Preview - IRS 3520 Form

Form 3520

Department of the Treasury Internal Revenue Service

Annual Return To Report Transactions With

Foreign Trusts and Receipt of Certain Foreign Gifts

Go to www.irs.gov/Form3520 for instructions and the latest information.

OMB No. 1545-0159

2021

Note: All information must be in English. Show all amounts in U.S. dollars. File a separate Form 3520 for each foreign trust.

For calendar year 2021, or tax year beginning

 

, 2021, ending

 

, 20

A

Check appropriate boxes:

Initial return

Final return

Amended return

 

 

 

 

 

 

 

 

 

 

B

Check box that applies to person filing return:

Individual

Partnership

Corporation

Trust

Executor

 

 

C

Check if any excepted specified foreign financial assets are reported on this form. See instructions

Check all applicable boxes. See applicable instructions.

You are (a) a U.S. transferor who, directly or indirectly, transferred money or other property during the current tax year to a foreign trust; (b) a U.S. person who (1) during the current tax year, transferred property (including cash) to a related foreign trust (or a person related to the trust) in exchange for an obligation, or (2) holds a qualified obligation from the trust that is currently outstanding; or (c) the executor of the estate of a U.S. decedent and (1) the decedent made a transfer to a foreign trust by reason of death, (2) the decedent was treated as the owner of any portion of a foreign trust immediately prior to death, or (3) the decedent’s estate included any portion of the assets of a foreign trust. Complete all applicable identifying information requested below and Part I of the form.

You are a U.S. owner of all or any portion of a foreign trust at any time during the tax year. Complete all applicable identifying information requested below and Part II of the form.

You are (a) a U.S. person (including a U.S. owner) or an executor of the estate of a U.S. person who, during the current tax year, received, directly or indirectly, a distribution from a foreign trust; (b) a U.S. person who is a U.S. owner or beneficiary of a foreign trust and in the current tax year, you or a U.S. person related to you received (1) a loan of cash or marketable securities, directly or indirectly, from such foreign trust, or (2) the uncompensated use of trust property; or (c) a U.S. person who is a U.S. owner or beneficiary of a foreign trust and in the current tax year such foreign trust holds an outstanding qualified obligation of yours or a U.S. person related to you. Complete all applicable identifying information requested below and Part III of the form.

You are a U.S. person who, during the current tax year, received certain gifts or bequests from a foreign person. Complete all applicable identifying information requested below and Part IV of the form.

1a

Name of U.S. person(s) with respect to whom this Form 3520 is being filed (see instructions)

b

Taxpayer identification number (TIN)

 

 

 

 

 

 

 

c

Number, street, and room or suite no. If a P.O. box, see instructions.

 

 

d

Spouse’s TIN

 

 

 

 

 

 

 

 

e

City or town

 

f State or province

 

g ZIP or foreign postal code

h

Country

 

 

 

 

 

i

Check the box if you are married and filing a current year joint income tax return, and you are filing a joint Form 3520 with your spouse .

 

 

j

If an automatic 2-month extension applies for the U.S. person’s tax return, check this box and attach statement. See instructions . . .

 

 

 

k

If an extension was requested for the tax return, check this box

and enter the form number of the tax return to be filed

 

 

 

 

 

 

2a

Name of foreign trust (if applicable)

 

 

 

b Employer identification number (EIN), if any

cNumber, street, and room or suite no. If a P.O. box, see instructions.

dDate foreign trust was created

eCity or town

fState or province

gZIP or foreign postal code

hCountry

3

Did the foreign trust appoint a U.S. agent (defined in the instructions) who can provide the IRS with all relevant trust information?

Yes

No

 

If “Yes,” complete lines 3a through 3g. If “No,” and you are required to complete Part I, complete lines 15 through 18.

 

 

 

 

 

 

 

 

 

 

 

3a

Name of U.S. agent

 

 

 

b

TIN, if any

 

 

 

 

 

 

 

 

 

 

c Number, street, and room or suite no. If a P.O. box, see instructions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d

City or town

e State or province

f ZIP or postal code

g

Country

 

 

 

 

 

 

 

 

 

 

 

4a

Name of U.S. decedent (see instructions)

b Address

 

c

TIN of decedent

 

 

 

 

 

 

 

 

 

 

 

d

Date of death

 

 

 

e

EIN of estate

 

 

 

 

 

 

 

 

 

 

 

fCheck applicable box.

U.S. decedent made transfer to a foreign trust by reason of death.

 

 

U.S. decedent treated as owner of foreign trust immediately prior to death.

 

 

Assets of foreign trust were included in estate of U.S. decedent.

 

 

For Privacy Act and Paperwork Reduction Act Notice, see instructions.

Cat. No. 19594V

Form 3520 (2021)

Form 3520 (2021)

Page 2

Part I Transfers by U.S. Persons to a Foreign Trust During the Current Tax Year (see instructions)

5a Name of trust creator

bAddress

cTIN, if any

6a Country code of country where trust was created

bCountry code of country whose law governs the trust

cDate trust was created

7a Will any person (other than the foreign trust) be treated as the owner of the transferred assets after the transfer? . . . .

Yes

No

b(i)

Name of foreign

trust owner

(ii)

Address

(iii)

Country of residence

(iv)

TIN, if any

(v)

Relevant Code

section

8

Was the transfer a completed gift or bequest? If “Yes,” see instructions

 

Yes

 

No

9a

Now or at any time in the future, can any part of the income or corpus of the trust benefit any U.S. beneficiary? . . . .

 

Yes

 

No

b

If “No,” could the trust be revised or amended to benefit a U.S. beneficiary?

 

Yes

 

No

10

Reserved for future use

 

Yes

 

No

 

 

Schedule A—Obligations of a Related Trust (see instructions)

11a During the current tax year, did you transfer property (including cash) to a related foreign trust in exchange for an obligation of the trust or an obligation of a person related to the trust? See instructions . . . . . . . . . . . . . .

If “Yes,” complete the rest of Schedule A, as applicable. If “No,” go to Schedule B.

bWere any of the obligations you received (with respect to a transfer described in line 11a above) qualified obligations? . .

If “Yes,” complete the rest of Schedule A and attach a copy of each loan document entered into with respect to each qualified obligation reported on line 11b. If these documents have been attached to a Form 3520 filed within the previous 3 years, attach only relevant updates.

If “No,” go to Schedule B.

Yes No

Yes No

(i)

Date of transfer giving rise to obligation

(ii)

Maximum term

(iii)

Yield to maturity

(iv)

FMV of obligation

12With respect to each qualified obligation you reported on line 11b, do you agree to extend the period of assessment of any income or transfer tax attributable to the transfer, and any consequential income tax changes for each year that the

obligation is outstanding, to a date 3 years after the maturity date of the obligation?

Yes

No

Note: You have the right to refuse to extend the period of limitations or limit this extension to a mutually agreed-upon

 

 

issue(s) or mutually agreed-upon period of time. Generally, if you refuse to extend the period of limitations with respect to

 

 

each qualified obligation you reported on line 11b, then such obligation is not a qualified obligation and you cannot check

 

 

“Yes” to the question on line 11b.

 

 

Schedule B—Gratuitous Transfers (see instructions)

13During the current tax year, did you make any transfers (directly or indirectly) to the trust and receive less than FMV, or no

consideration at all, for the property transferred?

. . . . . . . . . . . . .

. . . . . . . . .

Yes

No

If “Yes,” complete columns (a) through (i) below and the rest of Schedule B, as applicable. When completing columns (a)

 

 

through (i) with respect to each nonqualified obligation, enter -0- in column (h).

 

 

 

 

If “No,” go to Schedule C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(a)

(b)

(c)

(d)

 

(e)

(f)

(g)

(h)

(i)

 

Date of

Description

FMV of property

U.S. adjusted

Gain recognized

Excess, if any,

Description

FMV of property

Excess of

 

transfer

of property

transferred

basis of

 

at time of

of column (c)

of property

received

column (c) over

 

transferred

 

property

 

transfer,

over the sum of

received,

 

column (h)

 

 

 

 

transferred

 

if any

columns (d) and (e)

if any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Totals

 

 

 

 

 

$

 

 

$

 

14If you have a sale or loan document in connection with a transfer reported on line 13, complete 14a through 14c and attach the relevant document(s). If these documents have been attached to a Form 3520 filed within the previous 3 years, attach only relevant updates.

 

 

 

 

Attached

Year

 

Are you attaching a copy of any of the following?

Yes

No

Previously

Attached

a

Sale document

 

 

 

 

b

Loan document

 

 

 

 

c

Subsequent variances to original sale or loan documents

 

 

 

 

Form 3520 (2021)

Form 3520 (2021)

Page 3

Part I Schedule B—Gratuitous Transfers (continued)

Note: Complete lines 15 through 18 only if you answered “No” to line 3, acknowledging that the foreign trust did not appoint a U.S. agent to provide the IRS with all relevant trust information.

15

(a)

(b)

 

(c)

 

(d)

 

Name of beneficiary

Address of beneficiary

 

U.S. beneficiary?

TIN, if any

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

16

(a)

(b)

 

 

 

 

(c)

 

Name of trustee

Address of trustee

 

 

 

 

TIN, if any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17

(a)

(b)

(c)

 

(d)

 

Name of other person

Address of other person with trust powers

Description of powers

 

TIN, if any

 

with trust powers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18If you checked “No” on line 3, you are required to attach a copy of all trust documents as indicated below. If these documents have been attached to a Form 3520-A or Form 3520 filed within the previous 3 years, attach only relevant updates.

 

 

 

 

Attached

Year

 

Are you attaching a copy of any of the following?

Yes

No

Previously

Attached

a

Summary of all written and oral agreements and understandings relating to the trust . . . .

 

 

 

 

b

Trust instrument

 

 

 

 

c

Memoranda or letters of wishes

 

 

 

 

d

Subsequent variances to original trust documents

 

 

 

 

e

Trust financial statements

 

 

 

 

f

Organizational chart and other trust documents

 

 

 

 

Schedule C—Qualified Obligations Outstanding in the Current Tax Year (see instructions)

19Did you, at any time during your tax year, hold an outstanding obligation of a related foreign trust (or a person related to the

trust) that you reported as a qualified obligation in the current tax year?

Yes

No

If “Yes,” complete columns (a) through (f) below for each obligation.

 

 

(a)

Date of original

obligation

(b)

Tax year qualified

obligation first reported

(c)

Amount of principal

payments made during

your tax year

(d)

Amount of interest

payments made during

your tax year

(e)

Balance of the outstanding

obligation at the end

of the tax year

(f)

Does the obligation

still meet the criteria for a qualified obligation?

Yes

No

Form 3520 (2021)

Form 3520 (2021)

 

 

 

 

 

 

Page 4

Part II

U.S. Owner of a Foreign Trust (see instructions)

 

 

 

 

 

20

 

(a)

 

 

(b)

(c)

(d)

 

(e)

 

 

 

Name of foreign

 

Address

Country of tax residence

TIN, if any

 

Relevant Code

 

 

trust owner

 

 

section

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

21a

Country code of country where foreign trust was created

 

b Country code of country whose law governs the trust

c Date foreign trust was created

 

 

 

 

 

 

22

Did the foreign trust file Form 3520-A for the current year?

. . . . .

Yes

No

 

If “Yes,” attach the Foreign Grantor Trust Owner Statement you received from the foreign trust.

 

 

 

 

 

If “No,” to the best of your ability, complete and attach a substitute Form 3520-A for the foreign trust.

 

 

 

 

 

See instructions for information on penalties for failing to complete and attach a substitute Form 3520-A.

 

 

 

 

23Enter the gross value of the portion of the foreign trust that you are treated as owning at the end of your tax year . $

Part III Distributions to a U.S. Person From a Foreign Trust During the Current Tax Year (see instructions)

Note: If you received an amount from a portion of a foreign trust of which you are treated as the owner, only complete lines 24 and 27.

24Enter cash amounts or FMV of property received, directly or indirectly, during your current tax year, from the foreign trust (exclude loans and uncompensated use of trust property included on line 25).

(a)

(b)

(c)

(d)

(e)

(f)

Date of distribution

Description of property received

FMV of property received

Description of property

FMV of property

Excess of column (c)

 

 

(determined on date

transferred, if any

transferred

over column (e)

 

 

of distribution)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

25During your current tax year, did you (or a person related to you) receive a loan or uncompensated use of trust property from a

related foreign trust (including an extension of credit upon the purchase of property from the trust)?

Yes

No

If “Yes,” complete columns (a) through (g) below for each such loan or use of trust property.

 

 

Note: See instructions for additional information, including how to complete columns (a) through (g) for use of trust property.

(a)

(b)

(c)

(d)

 

(e)

(f)

(g)

Is the obligation a

Amount treated as

FMV of loan proceeds

Date of original

Maximum term of

Interest rate

qualified obligation?

FMV of qualified

distribution from the trust

or property

transaction

repayment of

of obligation

 

 

 

obligation

(subtract column (f)

 

 

obligation

 

Yes

 

No

 

from column (a))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

26With respect to each obligation you reported as a qualified obligation on line 25, do you agree to extend the period of assessment of any income or transfer tax attributable to the transaction, and any consequential income tax changes for each

year that the obligation is outstanding, to a date 3 years after the maturity date of the obligation? . . .

.

.

.

. . .

Yes

No

Note: You have the right to refuse to extend the period of limitations or limit this extension to a mutually agreed-upon issue(s)

 

 

or mutually agreed-upon period of time. Generally, if you refuse to extend the period of limitations with respect to an obligation

 

 

that you reported as a qualified obligation on line 25, then such obligation is not a qualified obligation and you cannot check

 

 

“Yes” in column (e) of line 25.

 

 

 

 

 

 

 

27 Total distributions received during your current tax year. Add line 24, column (f), and line 25, column (g) .

.

.

.

$

 

 

 

 

 

 

 

 

 

 

28Did the trust, at any time during the current tax year, hold an outstanding obligation of yours (or a person related to you) that

you reported as a qualified obligation?

Yes

No

If “Yes,” complete columns (a) through (f) below for each obligation.

 

 

(a)

(b)

(c)

(d)

Date of original

Tax year qualified

Amount of principal payments

Amount of interest payments

loan transaction

obligation first

made during your tax year

made during your tax year

 

reported

 

 

(e)

Balance of the outstanding

obligation at the end

of the tax year

(f)

Does the loan still

meet the criteria of a qualified obligation?

Yes

No

Form 3520 (2021)

Form 3520 (2021)

Page 5

Part III Distributions to a U.S. Person From a Foreign Trust During the Current Tax Year (continued)

29Did you receive a Foreign Grantor Trust Beneficiary Statement from the foreign trust with respect to a distribution? If “Yes,” attach the statement and do not complete the remainder of Part III with respect to that distribution.

If “No,” complete Schedule A with respect to that distribution. Also, complete Schedule C if you enter an amount greater than zero on line 37.

30Did you receive a Foreign Nongrantor Trust Beneficiary Statement from the foreign trust with respect to a distribution?

If “Yes,” attach the statement and complete either Schedule A or Schedule B below. See instructions. Also, complete Schedule C if you enter an amount greater than zero on line 37 or line 41a.

If “No,” complete Schedule A with respect to that distribution. Also, complete Schedule C if you enter an amount greater than zero on line 37.

Yes

Yes

No N/A

No N/A

Schedule A—Default Calculation of Trust Distributions (see instructions)

31

Enter amount from line 27

. . . . . . . . .

 

31

32

Number of years the trust has been a foreign trust (see instructions) . . .

32

 

 

 

33Enter total distributions received from the foreign trust during the 3 preceding tax years (or during the number

 

of years the trust has been a foreign trust, if fewer than 3 years)

33

34

Multiply line 33 by 1.25

34

35Average distribution. Divide line 34 by 3.0 (or the number of years the trust has been a foreign trust, if fewer

 

than 3 years) and enter the result

35

36

Amount treated as ordinary income earned in the current year. Enter the smaller of line 31 or line 35 . . .

36

37

Amount treated as accumulation distribution. Subtract line 36 from line 31. If zero, do not complete the rest of Part III

37

38

Applicable number of years of trust. Divide line 32 by 2.0 and enter the result here

38

 

Schedule B—Actual Calculation of Trust Distributions (see instructions)

39

Enter amount from line 27

40a

Amount treated as ordinary income in the current tax year

b

Qualified dividends

. . . . . . . . . . .

40b

 

41a

Amount treated as accumulation distribution. If zero, do not complete Schedule C below

b

Amount of line 41a that is tax exempt .

. . . . . . . . . . .

41b

 

42a

Amount treated as net short-term capital gain in the current tax year

b

Amount treated as net long-term capital gain in the current tax year

c

28% rate gain

. . . . . . . . . . .

42c

 

d

Unrecaptured section 1250 gain . .

. . . . . . . . . . .

42d

 

43

Amount treated as distribution from trust corpus

44Enter any other distributed amount received from the foreign trust not included on lines 40a, 41a, 42a, 42b,

 

and 43. (Attach explanation.)

45

Amount of foreign trust’s aggregate undistributed net income

46

Amount of foreign trust’s weighted undistributed net income

47Applicable number of years of trust. Divide line 46 by line 45 and enter the result

here . . . . . . . . . . . . . . . . . . . . . .

47

Schedule C—Calculation of Interest Charge (see instructions)

39

40a

41a

42a

42b

43

44

45

46

48

Enter accumulation distribution from line 37 or line 41a, as applicable

48

49

Enter tax on total accumulation distribution from line 28 of Form 4970. (Attach Form 4970—see instructions.) .

49

50Enter applicable number of years of foreign trust from line 38 or line 47, as

 

applicable (round to nearest half year) . . . . . . . . . . . .

50

 

 

51

Combined interest rate imposed on the total accumulation distribution (see instructions)

 

51

52

Interest charge. Multiply the amount on line 49 by the combined interest rate on line 51

52

53Tax attributable to accumulation distributions. Add lines 49 and 52. Enter here and as “additional tax” on your

income tax return

53

Form 3520 (2021)

Form 3520 (2021)

Page 6

Part IV U.S. Recipients of Gifts or Bequests Received During the Current Tax Year From Foreign Persons (see instructions)

54During your current tax year, did you receive more than $100,000 that you treated as gifts or bequests from a nonresident

alien (including a distribution received from a domestic trust treated as owned by a foreign person) or a foreign estate? See

Yes

No

instructions for special rules regarding related donors

.

.

.

.

.

.

.

.

.

. . .

If “Yes,” complete columns (a) through (c) with respect to each such gift or bequest in excess of $5,000. If more space is

 

 

needed, attach a statement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(a)

 

(b)

 

 

 

 

 

 

 

 

 

 

 

(c)

 

Date of gift or bequest

 

Description of property received

 

 

 

 

 

 

 

 

 

 

FMV of property received

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

.

.

.

.

.

.

.

.

.

$

 

 

55During your current tax year, did you receive amounts from a foreign corporation or a foreign partnership that you treated as

 

 

gifts in excess of the amount provided in the instructions? See instructions regarding related donors

. . . .

. . .

Yes

No

 

 

If “Yes,” complete columns (a) through (g) with respect to each such gift. If more space is needed, attach a statement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(a)

 

(b)

 

 

 

 

(c)

 

 

 

 

(d)

 

 

Date of gift

 

Name of foreign donor

 

 

 

 

Address of foreign donor

 

 

 

 

TIN, if any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(e)

 

 

 

 

 

 

(f)

 

 

 

 

(g)

 

Check the box that applies to the foreign donor

 

 

 

 

 

 

 

 

 

 

 

 

 

Description of property received

 

 

 

FMV of property received

 

 

 

 

 

 

 

 

 

 

 

 

Corporation

 

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Do you have any reason to believe that the foreign donor, in making any gift or bequest described in lines 54 and 55, was

 

 

 

 

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Form 3520 (2021)

Document Specs

Fact Name Description
Purpose of Form 3520 This form is used by individuals to report certain transactions with foreign trusts and receipt of certain large gifts or bequests from certain foreign persons.
Filing Deadline The form is due by the 15th day of the 4th month following the end of the taxpayer's tax year. An extension is available by filing Form 7004.
Penalties for Non-Compliance Failure to file, or incomplete filing, can result in severe penalties, including a percentage of the foreign gift or bequest received, potentially amounting to extensive fines.
Governing Law The Internal Revenue Service (IRS) governs Form 3520 under U.S. Federal Tax Law, without specific deviations for state-specific laws.

Instructions on Writing IRS 3520

Filling out IRS Form 3520 is a necessary step for individuals who engage in certain transactions with foreign trusts or receive gifts from foreign entities. This process requires careful attention to detail and an understanding of the specific information requested. The form serves to ensure compliance with U.S. tax laws, helping to maintain transparency in financial dealings across borders. The following instructions are designed to guide you through this process, ensuring clarity and accuracy in your submission.

  1. Begin by downloading the latest version of Form 3520 from the Internal Revenue Service (IRS) website.
  2. Read the instructions provided by the IRS for Form 3520 carefully to understand the specific requirements and definitions relevant to your situation.
  3. Enter your full name and address in the designated sections at the top of the form.
  4. Provide your taxpayer identification number (TIN) in the space provided.
  5. In Part I of the form, if you are reporting transactions with a foreign trust, check the appropriate box(es) that describe your relationship to the foreign trust and the type of reportable event.
  6. For individuals who received a large gift or bequest from a foreign person, fill out the required information in Part IV. This includes the name of the donor or estate, the country of residence, and the value of the gift or bequest in U.S. dollars.
  7. If applicable, complete Parts II and III concerning the creation of a foreign trust and transfers of property to a foreign trust, including detailed information about the trust and transferred assets.
  8. Ensure that all information related to transactions, transfers, and gifts is accurately reported, including dates and monetary values.
  9. Review your entries on the form for accuracy and completeness. It's vital to ensure that all necessary sections are filled out and that the information provided is correct.
  10. Sign and date the form in the designated area at the end. If you had the assistance of a paid preparer, ensure they also complete the relevant section.
  11. Refer to the filing instructions provided by the IRS for Form 3520 to determine where and how to file the form. This may include mailing addresses or electronic filing options.
  12. Keep a copy of the completed form and all supporting documents for your records.

After submitting Form 3520, it's important to understand that processing times can vary. The IRS may contact you for additional information if necessary to clarify or verify the details of your submission. Ensuring that you have provided a thorough and accurate completion of the form will help facilitate this process. Compliance with these reporting requirements is a critical aspect of managing international financial activities and maintaining good standing with U.S. tax obligations.

Understanding IRS 3520

What is the IRS Form 3520, and who needs to file it?

The IRS Form 3520, or Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, is a required filing for individuals, estates, and trusts in the United States who have transactions with foreign trusts or receive certain large gifts or bequests from foreign entities. This includes, but is not limited to, the receipt of gifts or inheritances from non-U.S. persons that exceed specified amounts. The objective is to ensure transparency and compliance with U.S. tax laws regarding foreign transactions and gifts.

When is the deadline to file Form 3520?

The deadline for filing Form 3520 aligns with the individual’s tax return due date, including extensions. For most taxpayers, this means the form must be filed by April 15. However, if an extension for the tax return has been granted, the Form 3520 is due on the extended filing date. It is important for filers to note that submitting Form 3520 late can result in penalties, so timely filing is crucial.

What are the penalties for not filing Form 3520 on time?

Failure to file Form 3520 on time or accurately can lead to significant penalties. These penalties may include a percentage of the foreign gifts or bequests reported, with minimum penalties starting at $10,000. Other specific transactions with foreign trusts can trigger additional penalties. To avoid these consequences, individuals should ensure they are aware of the filing requirements and deadlines associated with Form 3520.

How can I determine if a gift or bequest requires reporting on Form 3520?

To determine if a gift or bequest requires reporting on Form 3520, individuals should assess the value and the source of the gift. Generally, reporting is required if the aggregate value of gifts or bequests received from a non-U.S. person exceeds $100,000 during the tax year. Additionally, gifts from foreign corporations or partnerships exceeding specific value thresholds also require reporting. It is advisable to consult the IRS instructions for Form 3520 or a tax professional to ensure compliance with the specific requirements and thresholds.

Can Form 3520 be filed electronically?

As of the last update, Form 3520 cannot be filed electronically and must be mailed to the Internal Revenue Service. Filers should use the most current address provided by the IRS for Form 3520 submissions. Keeping a copy of the filed form and any delivery confirmation is recommended for records. For the most current filing methods and addresses, it’s advisable to check the IRS website or contact a tax professional.

Common mistakes

Filling out the IRS 3520 form, required for reporting transactions with foreign trusts and receipt of certain foreign gifts, can be complex and is often done incorrectly. One common mistake is not accurately reporting the total value of gifts or bequests received from non-US persons. This value must include all gifts above the annual threshold from both individuals and entities. Failing to report the aggregate value or misinterpreting what needs to be included can lead to significant penalties.

Another area where errors occur is in the description of the foreign trust transactions. Individuals sometimes provide insufficient details about the transactions, including contributions to, distributions from, and other transactions related to foreign trusts. This lack of detail can raise red flags with the IRS, potentially triggering an audit. It is imperative to include comprehensive information about these transactions to comply with IRS regulations.

Additionally, filers often overlook the requirement to file a separate Form 3520 for each foreign trust transaction or gift received. Each transaction or gift must be documented on its own form, which can be confusing for those who are receiving multiple gifts or have transactions with more than one trust in a year. This misunderstanding can lead to incomplete reporting, and subsequently, penalties for non-compliance.

Lastly, another mistake involves not correctly identifying the type of entity making the gift or trust distribution. The form requires specific information depending on whether the entity is foreign or a U.S. person, and whether it's an individual or corporation. Incorrectly classifying these entities can result in inaccurate filings and potential issues with the IRS. Therefore, it is crucial to carefully determine the status of the entity involved in the transaction to ensure precise reporting.

Documents used along the form

When an individual engages in transactions with foreign trusts or receives large gifts from foreign entities, they might need to complete the IRS Form 3520. This requirement is part of the United States' effort to ensure transparency and proper reporting of international financial activities. However, filling out Form 3520 is often just one step in a more comprehensive process. Various other forms and documents may need to be filed in conjunction with Form 3520, each serving its unique purpose in the broader context of international tax compliance.

  1. IRS Form 3520-A: This form is a necessity for foreign trusts with at least one U.S. owner, detailing the trust's income, distributions, and beneficiaries. Its purpose is closely tied to Form 3520, as it provides the IRS with information needed to ensure proper tax treatment of transactions between the trust and its U.S. owners or beneficiaries.
  2. IRS Form 8938: Statement of Specified Foreign Financial Assets may need to be filed by taxpayers with specified foreign financial assets that exceed certain thresholds. This form supplements the information in Form 3520 by providing details on foreign financial accounts and assets, helping to enforce U.S. tax laws on global income.
  3. FinCEN Form 114, also known as the Foreign Bank and Financial Accounts Report (FBAR), must be filed by individuals who have financial interest in or signature authority over foreign financial accounts if the total value of those accounts exceeds $10,000 at any point during the calendar year. While it is filed separately from the tax return to the Financial Crimes Enforcement Network (FinCEN), it complements the data reported on Form 3520 and 3520-A.
  4. IRS Form 1040, Schedule B: Part III of Schedule B asks about the existence of foreign accounts and trusts, which links to the information provided in Form 3520. Though it is a part of the standard tax return for individuals, it serves as an important cross-reference for the IRS to verify compliance with reporting requirements for foreign assets.
  5. IRS Form 709: United States Gift (and Generation-Skipping Transfer) Tax Return, may be required if the transactions reported on Form 3520 involve significant gifts from foreign persons that exceed annual exclusions. This form ensures that gifts are reported correctly and any applicable gift taxes are calculated and paid.

The comprehensive understanding and strategic management of these forms can significantly influence an individual’s compliance with U.S. tax laws regarding international transactions. Navigating through them requires attentiveness to the specific details of one’s financial relations with foreign trusts and entities. While Form 3520 plays a crucial role, it essentially acts as a component within a larger framework designed to maintain oversight over cross-border transactions and investments. Recognizing the interplay between these forms aids individuals in ensuring full compliance and avoiding potential penalties.

Similar forms

The IRS Form 8938, Statement of Specified Foreign Financial Assets, bears similarity to IRS Form 3520 in that both are concerned with reporting assets related to foreign entities. While Form 3520 focuses on transactions with foreign trusts and receipt of certain foreign gifts, Form 8938 mandates the reporting of foreign financial assets if they exceed certain thresholds. Both forms serve the purpose of enhancing transparency of foreign financial dealings by U.S. taxpayers.

Similarly, the FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR), parallels the requirements of the IRS Form 3520, although it specifically targets foreign bank accounts and financial accounts held by U.S. taxpayers. The key similarity lies in their shared goal of disclosing foreign assets to prevent tax evasion. However, while the FBAR is filed with the Financial Crimes Enforcement Network (FinCEN), not the IRS, it works along the same lines of ensuring U.S. persons are compliant with their reporting obligations.

IRS Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner, is closely related to Form 3520. The Form 3520-A is specifically designed for foreign trusts with a U.S. owner and demands detailed information regarding the trust’s activities and its U.S. beneficiary. The relationship between these forms is direct; typically, if a taxpayer files Form 3520 due to involvement with a foreign trust, the trust itself must file Form 3520-A. This connection underlines the comprehensive approach of the IRS to oversight of foreign trusts related transactions.

The IRS Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, shares objectives with Form 3520 in the realm of foreign transactions and interests. Form 5471 is required from U.S. citizens and residents who are officers, directors, or shareholders in certain foreign corporations, ensuring that the IRS receives detailed information on the taxpayer’s foreign investments and activities. This form, like the 3520, aims to prevent offshore tax evasion and maintain financial transparency.

Finally, the IRS Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships, is akin to Form 3520 in its mission to disclose foreign transactions involving U.S. persons. Form 8865 is required from U.S. persons who have an interest in a foreign partnership according to the rules set by the IRS. It mandates detailed reporting of the partnership's income, deductions, and other pertinent financial information. This similarity underscores the IRS’s broader strategy to comprehensively monitor U.S. taxpayers’ international dealings to prevent tax evasion.

Dos and Don'ts

When filling out the IRS 3520 form, which is a requirement for reporting certain transactions with foreign trusts and receiving gifts from nonresident aliens or foreign estates, it's essential to pay close attention to detail and adhere to specific guidelines to ensure compliance and avoid potential penalties. Here are nine crucial dos and don'ts:

  • Do thoroughly review the instructions provided by the IRS before starting the form. Understanding the guidelines can help prevent mistakes.
  • Do gather all necessary information, including details about the foreign trust, gifts, or bequests received from a nonresident alien or foreign estate before filling out the form.
  • Do use the correct version of the form for the tax year you are reporting. The IRS updates forms regularly, and using an outdated version can lead to errors.
  • Do double-check all entered information for accuracy. Mistakes can lead to processing delays or penalties.
  • Do ensure that all required sections of the form are completed. Missing information can result in the form being returned or penalized for non-compliance.
  • Don't leave any fields blank. If a question does not apply, it's better to enter "N/A" than to leave it empty.
  • Don't forget to sign and date the form. An unsigned form is considered incomplete and will not be processed.
  • Don't miss the filing deadline. Late submission can lead to penalties. Check the IRS website for the current deadline for Form 3520.
  • Don't hesitate to seek professional advice if you have questions or uncertainties. Tax professionals can provide guidance and help ensure the form is filled out correctly.

Misconceptions

Understanding the IRS Form 3520 is fundamental for taxpayers with foreign trusts or who have received large gifts from foreign entities. However, misinformation can lead to confusion and mistakes when filing. Here are five common misconceptions about Form 3520 that need clearing up:

  • Only for the Wealthy: A common myth is that Form 3520 is only a concern for the ultra-rich. In reality, it has a broader scope. Anyone who receives a significant gift or inheritance from a foreign person, which includes non-U.S. relatives, or engages in transactions with foreign trusts, needs to be aware of this filing requirement.
  • Same as FBAR Filing: People often confuse Form 3520 with the FBAR (Foreign Bank and Financial Accounts Report). Though both deal with foreign assets, they serve different purposes. FBAR relates to foreign bank accounts and financial assets, while Form 3520 is focused on transactions with foreign trusts and the receipt of large foreign gifts or bequests.
  • Only Foreign Trusts are Reported: It's a misconception that Form 3520 is solely for reporting transactions with foreign trusts. This neglects a significant part of the form's purpose - reporting the receipt of large gifts or bequests from foreign persons. This includes not just money, but also property and other assets received.
  • No Penalties for Late Filing: Failing to file Form 3520 on time can be costly. The IRS imposes severe penalties for late filing, which can be a percentage of the foreign gift or trust assets associated with the non-compliance. Thus, ensuring timely and accurate filing is crucial.
  • Filing Only in the Year of Receipt: There's a belief that you only need to file Form 3520 in the year you receive a foreign gift or inheritance. However, transactions with foreign trusts might require multiple years of reporting, depending on the circumstances of the transaction and ongoing relationships with the trust.

Dispelling these misconceptions about Form 3520 is the first step toward compliance. Individuals should consider seeking professional advice to ensure they understand their obligations and avoid potential penalties. Remember, getting it right from the start can save a lot of headaches later.

Key takeaways

The IRS Form 3520, officially titled the "Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts," is a crucial document for individuals involved in certain transactions with foreign trusts or the receipt of large gifts or bequests from foreign entities. Neglecting its importance can lead to significant penalties. Here, we present key takeaways to ensure compliance and strategic handling of your international financial dealings.

  • Know When to File: You must file Form 3520 if you receive more than $100,000 from a nonresident alien individual or a foreign estate that you treat as gifts or bequests, or more than $16,649 (for 2022) from foreign corporations or foreign partnerships as gifts. Additionally, if you are involved in transactions with foreign trusts, such as transfers of money or property (directly or indirectly), or are the owner of a foreign trust under the rules of sections 671-679 of the Tax Code, filing is required.
  • Understand Penalties: Failure to file Form 3520, incorrect filing, or incomplete filing can result in severe penalties. This can be as high as 35% of the gross value of any property transferred to a foreign trust for failure to report such transfers or for undisclosed information. For failing to report the receipt of gifts or bequests from foreign entities, the penalty is 5% of the amount of such foreign gifts per month, up to a maximum of 25%.
  • Seek Professional Advice: Given the complexities of international tax regulations and the potential for significant financial impact, consulting with a tax professional or attorney who specializes in international tax or estate planning is highly advisable. They can offer personalized advice and ensure that your filings are accurate and compliant.
  • Detailed Record-Keeping: Maintain meticulous records of all transactions with foreign trusts and the receipt of foreign gifts or bequests. This includes documentation about the source of the gift or trust, its value, and any relevant communications. Accurate records can be invaluable in case of an audit.
  • Deadlines Matter: The Form 3520 is due on the date of your annual income tax return, including extensions. Failure to meet this deadline can trigger penalties. If you realize you've missed the deadline, it's better to file late than never, but expect to explain your delay and potentially negotiate penalties.
  • Double-Check Information: Before submitting Form 3520, double-check all filled information for accuracy. Ensure that the amounts, dates, and other personal information match your records and other tax forms. Mistakes can delay processing and potentially lead to audits or penalties.
  • Electronic Filing Is Not an Option: Currently, the IRS requires Form 3520 to be mailed in and does not accept electronic filing. This means you should allow ample time for postal delivery to meet your filing deadline and consider using a trackable mailing service.

Understanding the requirements and potential pitfalls associated with the IRS Form 3520 can save a lot of time, money, and stress. Always stay informed of changes to tax laws and regulations, as these can affect your obligations and the form's specific requirements from year to year.

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