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TN Form 3520: What You Should Know

Form 3520 (or any other form) must be filed before any money is received from another country where the reporting is required, for example, France. This could be for income tax purposes. In any case, the recipient (the US citizen or resident), if living in the US, must know the nature of the gifts, the reporting period, and the amount received. The Form 3520 is also required to report certain financial transactions between the United States and foreign entities. Any foreign account must be reported as a foreign currency account or an account controlled by or directly or indirectly owned by a US person, depending on the amount, and must be reported on tax returns. It must be reported on Form 1040, but may be due on Form 1040NR. As a result, it is advisable to file it before the receipt of any money or other property above certain amounts. Form 1040-NR requires the reporting of certain transactions with a foreign resident as a foreign interest. The Form 3520 reporting period is 3 years and there is no filing requirement. A Form 1040NR need only report the receipt or use of a foreign currency, as well as foreign bank or other funds. The purpose of the Form 3520 and similar forms used by many tax-prep firms is to be used at a time when a US person has an interest in a foreign person, usually a corporation, partnership or trust. This interest must either be acquired by the US person or made from an account of the foreign person. The United States must first determine whether certain parties can be considered to have acquired the interest in the foreign person, and if so, at what minimum amounts. The United States tax treatment of the foreign entity is then determined. If the US person (the US citizen or resident) has had income from the entity in the previous year, the income must first be reported on Form 1040, U.S. Individual Income Tax Return. Any US person who is a US corporate taxpayer is required to file a Form 941, U.S. Return of Foreign Income, Business Income, and (or) Foreign Bank Account (FAR).

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