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For the purpose of part I, subchapter J, chapter 1 of the Internal Revenue Code, the term foreign trust created by a United States person means that portion of a foreign trust (as defined in section 7701(a)(31)) attributable to money or property (including all accumulated earnings, profits, or gains attributable to
Foreign nongrantor trusts are not generally subject to US tax, unless the trust earns US source or effectively connected income.
Generally, Form 3520 is a filing required of the recipient of foreign assets, and Form 3520-A is an additional, less commonly required form that is submitted by a trustee when there are beneficiaries or owners of the trust that are U.S. taxpayers.
US beneficiaries: No tax is payable by the beneficiary on distributions from a foreign grantor trust if a foreign grantor trust beneficiary statement is obtained by the beneficiary and attached to Form 3520.
A foreign beneficiary receives a distribution of income from a foreign non-grantor trust. The foreign beneficiary may be subject to U.S. tax on trust income from U.S. sources. The tax is based on the beneficiarys share of U.S. source DNI.

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Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries dont have to pay taxes on returned principal from the trusts assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.
A foreign trust with at least one U.S. owner files this form annually to provide information about: the trust, its U.S. beneficiaries, and. any U.S. person who is treated as an owner of any portion of the foreign trust.
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).

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