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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.
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.
Forms 3520-A and 3520 are separate filings and are not attached to the Form 1040, U.S. Individual Income Tax Return. Form 8938, Statement of Specified Foreign Financial Assets, may report foreign trusts, and that form is attached to Form 1040.
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.
Send Form 3520 to the Internal Revenue Service Center, P.O. Box 409101, Ogden, UT 84409. Form 3520 must have all required attachments to be considered complete.
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There is no statute of limitations for the IRS to impose penalties, and the agency can impose multiple 5% penalties. The IRS may also impose large penalties if a Form 3520 is not timely filed, is incomplete, or is incorrect.
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.
Form 3520 is an information return, not a tax return, because foreign gifts are not subject to income tax. A foreign gift is money or other property received by a U.S. person from a foreign person that the recipient treats as a gift or bequest and excludes from gross income.
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.
Form 3520-A is the annual information return of a foreign trust with at least one U.S. owner. The form provides information about the foreign trust, its U.S. beneficiaries, and any U.S. person who is treated as an owner of any portion of the foreign trust under the grantor trust rules (sections 671 through 679).

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