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A U.S. person must file Form 3520 if that person receives as a gift during the tax year either of the following: More than $100,000 from a nonresident alien individual or a foreign estate. More than a threshold amount from a foreign corporation or foreign partnership ($17,339 for gifts made in tax year 2022)
U.S. persons (and executors of estates of U.S. decedents) file Form 3520 with the IRS to report: Certain transactions with foreign trusts, Ownership of foreign trusts under the rules of sections 671 through 679, and. Receipt of certain large gifts or bequests from certain foreign persons.
A foreign trust created by a person who is not a U.S. person, to which a U.S. person transfers his money or property, is a foreign trust created by a U.S. person to the extent that the fair market value of the entire foreign trust is attributable to money or property of the U.S. person transferred to the foreign trust.
Forms 3520/3520-A Reporting In addition to the tax implications of being a beneficiary of a foreign trust, the beneficiary must also file a Form 3520 in any year they receive a trust distribution. If they are considered an owner of the trust, more detailed Form 3520 and 3520-A requirements may be necessary.
No, Form 3520 does not need to be physically attached to your Form 1040 income tax return. However, it does need to be filed by the due date for your tax return (including extensions). You should include a statement with your 1040 noting that Form 3520 is being filed separately. List the date it was or will be filed.
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A penalty applies if Form 3520 is not timely filed or if the information is incomplete or incorrect (see below for an exception if there is reasonable cause). Generally, the initial penalty is equal to the greater of $10,000 or the following (as applicable).
Under the latest IRS guidance, Form 3520 (Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts) can now be signed electronically but still must be filed on paper.
U.S. persons (and executors of estates of U.S. decedents) file Form 3520 to report: Certain transactions with foreign trusts. Ownership of foreign trusts under the rules of sections Internal Revenue Code 671 through 679. Receipt of certain large gifts or bequests from certain foreign persons.

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