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Form 3520 online LA: What You Should Know
FEDERAL BUREAU OF INVESTIGATION Website. Filing a Form 3520 (a voluntary submission of information to make certain that a foreign trust does not make gifts of the United States real property) does not remove or limit a U.S. person's status as an individual for the purposes of Section 811 of the Immigration and Nationality Act (as amended) (I-NA) or Section 301 of the Comprehensive Immigration Reform, Responsibility and Immigration Reform Act of 1996 (CIRRI). A foreign trust that owns real property that is not property in the United States for purposes of Section 811 applies the definition of a foreign trust to its property in the United States, which may affect any tax provisions that apply to a foreign trust's property in the United States. In addition, Form 3520 and the accompanying information you provide may be used by the IRS for various internal use matters relating to its work. It is possible that the IRS may use Form 3520 for internal business use. (See Form 3520 FAQs) If you are not an officer or director of the foreign trust, you are considered the beneficial owner (beneficial de Bono) of the real property subject to the ownership test under Section 817 of I-NA. The foreign trust is considered to own the real property by itself (beneficial de Bono) because it has been elected to do so by the beneficial owner of the real property. In addition, the foreign trust is considered to own the real property because it has not transferred title or interest in the real property to a U.S. person for tax purposes (effectuandum second). The U.S. person is therefore the beneficial owner of the entire real property regardless of whether it is a U.S. person or an alien. Form 3520 does not establish the title of any real property or record any interest in real property to a U.S. person. Example. You or your tax professional are a U.S. person with a foreign trust for which you are the beneficial owner, the trust owns real property, and you are responsible for the U.S. person's compliance with tax requirements. You are not required to file Form 3520 with your income tax return. To do so would make your U.S.
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