Grantor Trust Agreement Foreign
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FAQ
A foreign trust is considered to be a grantor trust if it is revocable. It is also considered a grantor trust if it is irrevocable, but the settlor and the settlor's spouse are the only ones receiving distributions during the life of the settlor.
The primary IRS reporting vehicle for a foreign grantor trust is a Form 3520-A.
A trust that isn't a domestic trust is treated as a foreign trust. If you are the trustee of a foreign trust, file Form 1040-NR instead of Form 1041. Also, a foreign trust with a U.S. owner generally must file Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner.
The main form is the Form 3520-A ? which is used when a US person is an owner of a foreign trust. The other form is Form 3520, which is used when a person has ownership of a foreign trust, engages in certain transactions with the foreign trust, or receives a distribution from the foreign trust.
A foreign trust is also considered a grantor trust for US income tax purposes when a US grantor makes a gratuitous transfer to a foreign trust which has one or more US beneficiaries or potential US beneficiaries of any portion of the trust.