If you’re an American involved with foreign financial interests, the IRS is certainly paying close attention. Whether you’re dealing with foreign trusts or corporations, there are specific reporting obligations you need to be aware of to avoid hefty penalties.
Navigating IRS Reporting for Foreign Trusts and Corporations
American citizens with ties to foreign trusts or corporations have to meet various IRS reporting requirements. Depending on your situation, you might need to file several forms, including IRS Forms 3520, 3520-A, 8938, 5471, 1120-F, and the Financial Crimes Enforcement Network (FinCEN) Form 114. Non-compliance can result in significant penalties, particularly for American expatriates.
Key IRS Forms for Foreign Trusts
Forms 3520 and 3520-A:
If you’ve become a trustee of a foreign trust, Forms 3520 and 3520-A are likely in your future. Form 3520 is your method for reporting gifts or trust distributions to beneficiaries. Even if you’re just a beneficiary who receives a significant gift, filing Form 3520 might be necessary. Form 3520-A serves as the annual information return, detailing the trust’s income, gains, losses, distributions, and more. Typically, these are due on Tax Day but expatriates get an automatic two-month extension. Failure to file Form 3520-A may lead to a penalty of 5% of the gross value of the trust’s assets you own.
Form 8938:
U.S.-based trustees and agents of foreign trusts must file Form 8938 if the collective foreign financial assets exceed $50,000 at year-end, or $75,000 at any point during the year. For expatriates, the thresholds vary. Despite being an information return rather than a tax form, penalties for not submitting Form 8938 when required start at $10,000, reaching up to $50,000.
FinCEN Form 114:
Owners of foreign trusts or corporations with significant financial accounts overseas—greater than $10,000 at any time during the tax year—must file this form, also known as FBAR (Report of Foreign Bank and Financial Accounts). FinCEN Form 114, due by Tax Day, is for informational purposes only, but missing the filing can result in steep penalties running into thousands of dollars.
Essential IRS Forms for Foreign Corporations
Form 5471:
U.S. individuals who are officers, directors, or shareholders in foreign corporations must file Form 5471, which includes schedules documenting income, tax earnings, business organization, and more. The form should be filed with your annual tax return. Not filing Form 5471 can incur a $10,000 penalty initially, and another $10,000 every subsequent 30 days if not rectified, up to $50,000. Serious non-compliance can also trigger further civil and criminal penalties.
Form 1120-F:
Foreign corporations operating in the U.S. must report their income, gains, and losses on Form 1120-F to determine their tax liability. Failure to file this form can result in penalties of 5% of the unpaid tax per month, up to a maximum of 25%. This form, like many others, is typically due on Tax Day.
Additional Reporting Requirements
Given the complexity and variability of relationships with foreign trusts or corporations, additional forms may be necessary. Having expert guidance to verify and complete the required filings is crucial to avoiding penalties. The IRS does not accept ignorance as an excuse for non-compliance, making it vital to proactively handle your reporting duties.
Get Professional Help
If you’re unsure about your reporting responsibilities, our tax experts specialize in assisting American expatriates. Contact the tax CPAs for American expatriates at US Tax Help at (541) 362-9127 to ensure all necessary forms are properly filed.
For more information or to set up a consultation, call or visit our website today. Secure your financial interests and stay compliant with IRS regulations.
