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AK Form 3520-A: What You Should Know

Report Foreign Trust Income) to report income (in U.S. dollars) from a foreign trust that is held by a nonresident alien. Taxpayers will be responsible for the filing charges of the returns (Form 3520 and/or Form 3520-A) and the penalty under subpart C, section 6662. Subpart C, section 6662 (General) imposes a penalty of .09% on a return due. Form 3520-A (Annual Return to Report Transactions with Trusts) is due on the due date (including extensions) provided on the return for filing purposes. The penalty provisions in subpart C are also applicable to Forms 3520-A and 3520-A-S (Payment and Payment Withholding Statements), which provide a receipt of a payment or a withholding for a foreign trust. Form 3520-A (Annual Return to Report Transactions with Trusts) also needs an IRS Taxpayer Identification Number (TIN), and for Forms 3520-A-S (Payment and Payment Withholding Statements), the income and withholding information are also available from the Secretary of the Treasury, Treasury, P.O. Box 9900, St. Louis, MO 63. The IRS also supplies a TIN to the trust. If you file an IRS Form 3520-A, you will also be required to file Form 8938 (Individual Return). The two forms are used to verify the amount withheld against the foreign trust income or received on a transfer of interest to another foreign trust or foreign trust income, and to report transfers of interest between an individual's tax return and a trust tax return. Taxpayers who knowingly file false information on the returns could be subject to criminal penalties under the Penalty for Filing False Statements statute. Foreign trusts that are held by U.S. persons are required to file the Forms 990-EZ (Individual Return), 1040 (Individual Return) and Schedule EZ (Certified Foreign Trust). They are also expected to report interest to other foreign trusts. Foreign trusts that are not held by U.S. persons must file Form 990-EZ or Form 2553, Report of Income Other Than Capital Payments, to report the income reported by the trust. Taxpayers who file a Form 990-EZ for a foreign trust are required to provide U.S. government identification number (TIN) of the settler or beneficiary.

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