Who files Form 3520?

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Answer

US persons who received a reportable gift or inheritance from a non-US person, created or transferred property to a foreign trust, or received a distribution from one. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

US persons who received a reportable gift or inheritance from a non-US person, created or transferred property to a foreign trust, or received a distribution from one.

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Where it does not apply

A gift from abroad is generally not taxable income to the recipient — and that is exactly why the reporting is missed. The obligation is informational, the penalty is computed on the unreported amount, and a family transfer nobody thought of as a tax event becomes an expensive one.

Who files Form 3520?
ItemAmount
Current account, highest balanceUS$7,000
Savings account, highest balanceUS$6,000
Account held with a relative, signature authority onlyUS$6,000
Aggregate tested against the thresholdUS$19,000
Reporting threshold (verified, FinCEN)US$10,000

The aggregate of US$19,000 exceeds the US$10,000 threshold, so all three accounts are reported — including the one that is not the filer's money, because signature authority counts.

Example figures throughout, selected to make the rule visible, with rates and thresholds assumed for the demonstration. Your actual filing uses figures confirmed with the issuing authority for your tax year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on 3520 — foreign gifts & trusts. One call now is worth more than a filing season of guessing.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Who has to file US tax return — what this page covers

This is the page to read on who has to file US tax return. It takes Form 3520 in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

What these engagements turn on

Case study 1

A deposit for a house that arrived in instalments

Parents in another country funded a property purchase for their child, sending the money in several transfers across one year and through more than one account. Each transfer looked unremarkable on its own; taken together, and taken with a transfer from a second relative, they were reportable. There were no gift documents of any kind. The work was a reconstruction from bank records — who sent what, when, and what relationship the senders had to each other — followed by the late filing for the year with a written account of why nothing had gone in at the time. It produced the filed form and a record the family can work from for later transfers.

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Case study 2

An inheritance that turned out to be a trust interest

What the client described as a straightforward inheritance was, on the documents, an interest in a standing family arrangement with a trustee, a deed and accounts of its own. That changes which obligations arise, who they fall on, and whether something is due every year rather than once. The documents were in another language and had to be read for substance rather than for the labels used in them. The engagement produced a written characterisation of the arrangement, the filings that followed from it for the open years, and a note of what the client now has to obtain from the trustees annually.

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Case study 3

A distribution received without any statement from the trustees

A beneficiary received a payment from a family trust abroad and asked what had to be reported. The trustees had provided no statement, and without one the calculation falls back on a method built to be unfavourable, so the first step was not a form but a written request for the accounts and for a breakdown of what the payment consisted of. When those arrived, the payment separated into elements treated differently from one another. The engagement produced the filing for the year, the correspondence supporting the figures used in it, and a standing request the trustees now answer before each payment.

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Case study 4

A loan from the family trust that was not treated as one

Money had come out of a family trust abroad and everyone involved called it a loan. There were repayment terms of a sort, and some repayments had been made. A loan from a foreign trust is treated as a distribution unless it meets conditions the arrangement had never been drafted to meet, so the work was testing the terms against those conditions, establishing what had actually moved in each direction and when, and reporting the years on that basis. It produced the filings, a written position on the arrangement, and what would have to change for any future advance to be treated differently.

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Case study 5

An education fund abroad that was a trust for US purposes

Grandparents in another country had set up an education fund for a child resident in the United States, and the family treated it as a savings account. It had a settlor, a trustee and a deed, and for United States purposes it was a trust — which brought in reporting for whoever was treated as its owner as well as for the child receiving from it. Nobody involved had ever used the word trust. The engagement established who the owner was, prepared the filings for the open years on that footing, and set out the annual position for the remaining life of the arrangement.

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Case study 6

Transfers from a non-US spouse into a shared account

A United States citizen married to a spouse who is not a United States person held a shared account the spouse funded from earnings abroad. A spouse outside the United States tax system is a foreign person for this purpose, so transfers into that account raised a reporting question neither of them had considered, and what counts is what was actually transferred rather than the balance sitting there. The work was separating the spouse's own funds from what had been transferred to the citizen, across several years of statements. It produced a written position on which transfers were reportable and the filings for the years they crossed the threshold in.

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Case study 7

A Family Trust Abroad With Reporting on Both Sides

A trust settled in one country and a beneficiary living in another produces reporting for the trust, the settlor and the beneficiary, on different forms and different dates. The engagement maps who files what before anything is prepared.

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Case study 8

One Salary, Two Countries Claiming It

A US citizen resident in Canada, taxed in full on both sides because each return was prepared without the other in view. Deciding which country has the first right to the income, then claiming relief on the second return in the right order, is what stops the same dollar being taxed twice.

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All case studies — every published engagement in one place.

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Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

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Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

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The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Investment Funds & Holding Companies

Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.

A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.

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Also asked about Form 3520

My parents abroad sent me money — do I have to report it?

It turns on who sent it and how much arrived in the year, not on what you did with it. Reporting is triggered once what you receive from a foreign individual or a foreign estate passes the threshold for that category; gifts from a foreign company or partnership carry a lower threshold of their own, and the two categories are not measured together. The duty is informational — a gift from a person abroad is generally not taxable income to you — and it falls on you as the recipient. That is exactly why it is missed: nothing on the return changes, so nothing prompts the question. See gifting across borders.

Do I owe tax on an inheritance from abroad, or just report it?

A bequest from a person who is not a United States person is generally not taxable income to you, and it is still reportable once it passes the threshold for its category. That mismatch is what catches families out: nothing on the return moves, so nothing prompts the filing. Where the estate itself is a foreign one, the reporting reaches the receipt. Where what you have actually inherited is an interest in a continuing arrangement rather than a lump sum, the questions that follow are about a trust instead of about a gift, and those are different filings on different timetables. So the first task is establishing which of the two the documents describe. See inheriting property abroad.

Is Form 3520 filed with my tax return or separately?

Separately, but on the return's timetable. It is not an attachment to your income tax return: it goes to the IRS on its own, and it is due when the return is due, including any extension of time you validly obtained. Two consequences follow. An extension of the return carries this filing with it, so the two dates move together. And because the form travels on its own, a return can be filed and accepted with this obligation left behind entirely, which is how a missed year goes unnoticed. Spouses who file a joint income tax return may file one joint form. In a catch-up, each form goes back with the year it belonged to rather than with the current one.

Who reports a foreign gift, the sender or the receiver?

The receiver, if either of you is a United States person. A donor abroad has no filing of their own to make here, which is the root of the misunderstanding: money leaves a system with no United States reporting in it and is assumed to arrive in one with none either. It is also why there is so rarely any paperwork — no statement, no valuation, sometimes nothing beyond a credit on a bank statement. So the work is evidential. We establish who the donor was and what their status is, what was actually transferred and when, and whether it was a gift, a loan, a repayment or a distribution, because each of those is a different answer. See the donor's side of it.

I am a beneficiary of a family trust abroad — do I file?

Possibly, and on more than one count. Receiving a distribution is a trigger in itself, and so is being treated as the owner of the trust rather than merely as a beneficiary of it — which turns on how the trust was funded and by whom, not on what the deed calls you. Use of trust property and certain loans out of it are treated as distributions as well. The trust has an annual return of its own, and where there is a United States owner the practical exposure for that filing sits with the owner rather than with trustees in another country. Many ordinary family arrangements abroad turn out to be trusts for these purposes though nobody involved ever used the word. See the trust's own return.

Do gifts from several relatives abroad get added together?

They can be. What one donor gives across the year is taken together, and gifts from donors who are related to one another are aggregated as well, so a series of transfers that each look modest on their own can cross the line between them. Categories, on the other hand, are kept apart: a gift from an uncle and a transfer from the family company are not added together, and staying under one threshold does nothing for the other. In practice this is a reconstruction exercise rather than a question of law — every credit that arrived in the year, who sent it, and what relationship each sender has to the others.

What is the penalty for a late T1135 or a missed FBAR?

Both are penalty regimes attached to the form rather than to any tax, which is why people who owed nothing still face them. The Canadian foreign property statement carries a per-month penalty with much larger amounts for a failure that continues or is made knowingly; the US account report is separate again and pivots on whether the failure was wilful. Relief exists — voluntary disclosure, reasonable cause, taxpayer relief — and it narrows once the authority makes contact. The reporting trigger on the US side is an aggregate balance over $10,000 at any point in the year. See late T1135 penalty relief.

Do I pay tax when I inherit property abroad?

The inheritance itself is often not income to you, but three other things can create tax: the estate may owe tax where the deceased or the property was situated, some countries tax the recipient directly, and the gain from the date you inherit to the date you sell is yours. Reporting obligations can also attach to holding the asset. See inheriting property abroad.

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