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Form 3520 for Orlando Florida: What You Should Know

Section 6039F is a violation of §§679 and 681(a)(1)(C)(ii)(I). Section 6677 (a)(1)(F)(iii) is a failure to file a return for a foreign trust with respect to which the filing agent is the same person as the foreign trust. You must file an amended return for the foreign trust in accordance with the instructions for Form 3520. You may wish to contact the IRS about how this can be accomplished and if you wish to make a request for reconsideration of the decision to reject an amended return or request a refund. The penalties associated with the failure to file for foreign trusts with respect to which filing agents are the same person as foreign trusts are as listed in IRS Notice 97-21 and are: 1) 10% per year on the tax period following failure to file, 2) an additional 7% on any period of 30 consecutive days on or after the failure to file, and 3 the penalty will be imposed for each additional 30 days on the period on or after the failure to file. [Notice 97-21, §1.469(i) (8)(B)] Form 2555 and Form 2555-EZ The new Form 2555 and Form 2555-EZ forms filed by trustees or trustees in trust for a qualified foreign trust are filed with the Secretary of the Treasury on or before the last day of the month for the reporting period, in accordance with §6852(d), but, unlike Form 1045 or 5498, a Form 2555-EZ must be filed by the due date of the return. The new Form 2555 and Form 2555-EZ are for the trust (the foreign corporation, partnership, or S Corporation in question) or for one or more related persons who are resident in the Philippines, or are members of the same closely held partnership. (For more information, see the Form 1045 guide to filing a Form 1045-C and the Form 1048 guide to filing a Form 1048-EZ.) Form 3520 In certain situations, trust income that is not treated as trust income under section 761 may be disregarded by the trustee for purposes of claiming a foreign tax credit in the U.S. (see Form 8594 (PDF)).

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