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No Tax Return or Taxes Due & Form 3520: A common misconception that many taxpayers (understandably) have, is that if a person is not required to file a tax return, then they are not required to file a form 3520 with the IRS \u2013 but that is incorrect.
For gifts or bequests from a nonresident alien or foreign estate, you are required to report the receipt of such gifts or bequests only if the aggregate amount received from that nonresident alien or foreign estate exceeds $100,000 during the taxable year.
Tax Form 3520 is an informational form you use to report certain transactions with foreign trusts, ownerships of foreign trusts, or if you receive certain large gifts from certain foreign persons. It's an important one to file correctly because it falls in the category of forms that increase your risk of being audited.
U.S. owner of a foreign trust \u2013 In general, a U.S. person who is treated as the owner of a foreign trust under the grantor trust rules (IRC sections 671-679) is taxed on the income of that trust.
General Rule: Foreign Gifts and Bequests A foreign person includes a nonresident alien individual or foreign corporation, partnership or estate, as well as a domestic trust that is treated as owned by a foreign person. Distributions from a foreign trust are reportable on Part III of Form 3520.
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Because Form 3520-A should be extended by the foreign trust using Form 7004, there is not a way to extend the 3520-A through a 1040 client using UltraTax CS. To file an extension for Form 3520-A, download Form 7004 from the IRS and paper file the extension.
A penalty of 5% of the tax due may be charged each month during which a return is not filed. This will continue to accrue up until a maximum of 25% of the tax due.
Difference Between Form 3520 and Form 3520-A Form 3520 \u201cAnnual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts\u201d and Form 3520-A \u201cAnnual Information Return of Foreign Trust With a U.S. Owner.\u201d Both forms involve Foreign Trust Reporting.
Difference Between Form 3520 and Form 3520-A Form 3520 \u201cAnnual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts\u201d and Form 3520-A \u201cAnnual Information Return of Foreign Trust With a U.S. Owner.\u201d Both forms involve Foreign Trust Reporting.
When Form 3520 is late-filed \u2014 it may result in fines and penalties. In general, Internal Revenue Service Form 3520 is used to report gifts from foreign individuals, entities, as well as trust distributions.

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