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2007 Instructions for Form 3520 Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts Section references are to the Internal Revenue Code unless otherwise noted.

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2007 Instruction 3520 - Internal Revenue Service
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The penalty for filing a delinquent Form 3520 is 5% of the value of the unreported gift for each month that passes after its due date. The maximum penalty is 25% of the amount of the gift. Form 3520 is due at the time of a timely filing of the U.S. income tax return.

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.

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.

Reporting foreign trust assets are stated on Form 8938 and foreign bank and financial accounts are reported on FinCEN Form 114. There are exceptions to filing Form 3520, however a U.S. person is subject to prosecution for not appropriately reporting foreign trusts requirements.

A foreign nongrantor trust is taxed as a non-US individual. See Section 641(b). The trust is subject to US income tax only on its US-source business income or other taxable US investment income. It is not subject to US income tax on its non-US source income, US-source capital gains or certain interest income.

What is a foreign trust? From a legal standpoint, a foreign trust is a trust over which a U.S. court is not able to exercise primary supervision or a trust over which U.S. persons don't have the authority to control substantially all decisions of the trust.

Income from a foreign grantor trust is generally taxed to the trust's individual grantor, rather than to the trust itself or to the trust's beneficiaries. For a U.S. owner, this means that the trust's worldwide income would be subject to U.S. tax as if the owner himself earned such income.

Types of foreign trusts The US income taxation of a foreign trust depends on whether the trust is a grantor or nongrantor trust. Income from a foreign grantor trust is generally taxed to the trust's grantor, rather than to the trust itself or to the trust's beneficiaries.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232