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Form 3520 Texas Dallas: What You Should Know
Gifts From the Foreign State Why the name of this Form 3520 is “Form 3520 A”? To clarify, if Form 3520-A (the Form 3520 in the form guide below) was used for foreign business entities, then Form 3520 must be used for U.S. business entities. The IRS changed the name of this Form 3520 to “Form 3520” for these two reasons. The name change also means that Form 3520 now is primarily used to report the information on entities established within the U.S. It also provides more streamlined procedures for Form 1040, U.S. Individual Income Tax Return, and the Form 1040NR (or Form 3520NR), both for U.S. entity owners and the trustee of a foreign trust. See Rev. Pro. 2015-16. What is Form 3520, and How Do I Use It? The IRS has issued a letter (IRS Circular 76) which outlines the procedures for filing the annual return with Schedule FB on Form 1040NR (or Form 3520NR) with certain U.S. expatriates. Under the Circular, when a U.S. expatriate makes a substantial distribution from a retirement plan that is based in a foreign jurisdiction, the U.S. expatriate must file the Form 1040NR (or Form 3520NR) with Schedule FB on Form 1040NR in order to report the distribution. However, unless the U.S. expatriate and the U.S. expatriate's U.S.-based beneficiaries can agree on a method of reporting the distribution, the distribution must be included on Form 1040NR. The IRS requires all U.S. expatriates and their U.S. partners (defined later) to use the Form 1040-MISC (or Form 3520-MISC) to report transfers of U.S. source property by trusts, estates, partnerships, and S corporations that are based in a foreign jurisdiction. For details, see IRS Circular 74. Does Form 3520 have a penalty if I fail to complete it correctly? No, but if you fail to accurately report one or more items on your Form 3520 (including the U.S. source capital gain and loss allocator and U.S. expatriate's basis in the property), then the IRS may assess a penalty of 10 percent of the Form 3520 in addition to interest. See Rev. Pro.
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