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3520 example Form: What You Should Know

Gain of a Foreign Trust From or By a U.S. Person Incoming, Outgoing, or Exchange Property Between Foreign Trusts Income-Taxable Property Received in exchange for Foreign Property or Property received in payment of interest on a foreign account Foreign trusts, U.S. persons' transfer of property between foreign trusts, non-U.S. person's use of real property in a foreign trust Non-U.S. transfer of property to a foreign trust: In general, an American taxpayer receives U.S. property if there is a valid bona fide tax treaty between the United States and the foreign country in which the foreign trust resides. Transfer of U.S. property to foreign trust Foreign trusts have a foreign residence basis, which is the basis on their property at the beginning of a transaction and changes when the trust has a valid or legally recognized tax treaty with the United States. The foreign residence basis also changes when property is distributed. How a foreign trust acquires the property of its U.S. parent: The only way a foreign trust acquires U.S. property is if a U.S. person places that U.S. property in the foreign trust. A U.S. person can not place in the foreign trust U.S. property that was at a valid place of residence of a U.S. person for a period of 90 days preceding the transfer of the property, or that was not the U.S. person's only place of residence within 5 years before the date of the transfer of that property. The foreign residence basis of the foreign trust also changes when property is distributed so that U.S. persons receive property that was previously at a valid place of residence or was not the U.S. person's only place of residence within 5 years before the date of the transfer of the property. Exchange or disposition of property between a foreign trust and a U.S. beneficiary (the basis of the U.S. beneficiary is not reduced): You can not reduce the basis of U.S. owners of U.S. property in a transaction for which an income tax is being withheld from the U.S. owner. Taxation of Trusts (Section 869) — U.S. Person Foreign Persons Are Not U.S. Persons — You Are A Foreign Person For Tax Purposes Example: A U.S.

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