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Form 3520-A for Austin Texas: What You Should Know

The first and second paragraphs of the Form 3520 instructions say: “If you elect to use substitute Form 3520 [Form 3520-A] and submit a signed, dated and stamped copy of that form along with [Form 1040 or Form 1040NR] for filing a U.S. Federal income tax return, it must be prepared and submitted, in lieu of Form 1040, with all other federal income tax returns and tax payments you have for that or any other year.” So, Form 3520 won't work for you if you have a Form 1040 or any other federal tax return for that or any other year. Instead, you should use Form 3520 if you have a new Form 1040 (or Form 1040NR) and you received a request to use Form 3520-A. The Form 3520 instructions say, “A signature, in the manner described above, is required to sign and submit this form or to sign and confirm your submission of Form 3520-A.” So, please don't send the Form 3520 forms to me. Instead, send the Form 2553, Report of Foreign Bank and Financial Accounts, if you have such a Form. Form 3520 forms may be used by an agent or by a beneficiary of the foreign trust even if the trust files its Form 1040. So, the form will work when a foreign trust files a Form 1040 and uses Form 2553 if that Form has been completed and signed by an agent or beneficiary. For more on Form 3520, see The form that can keep the rich out of your taxes. The Form 3520 will help you determine whether you are a U.S. person and what your U.S. tax liability will be if you choose to file a U.S. federal income tax return. The Form 3520 tax information return must be filed with a financial document such as a U.S. individual income tax return, a U.S. corporate income tax return, or the information return for an IRS tax assessment. A foreign trust may use a Form 1040 (or 1040NR) as a US federal income tax return.

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