Is the filing of Form 3520 required to report simple inheritances from foreign relatives? Does it create any tax liabilities for the US taxpayer?

Forum|Forum|6 years ago
December 6, 2019
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Best answer by sjrcpa

Yes the 3520 is required. For tax liability - inheritances are not taxable. Earnings on inherited amounts are taxable.Your client can move the money whenever they want. If "Estate has been liquidated, but no funds have been moved to the US taxpayer's custody yet" who has custody?

T

TaxLizardAuthor

Level 3

Parent passed away in April 2018 in the U.K. Estate has been liquidated, but no funds have been moved to the US taxpayer's custody yet. US taxpayer wants to know whether to move the entire amount in 2018 (approx. U$S 350K) or split it into amounts <$100K over 3 or 4 years. Does it matter at all from a tax liability standpoint?

sjrcpaAnswer

Level 15

Yes the 3520 is required. For tax liability - inheritances are not taxable. Earnings on inherited amounts are taxable.Your client can move the money whenever they want. If "Estate has been liquidated, but no funds have been moved to the US taxpayer's custody yet" who has custody?

The more I know the more I don’t know.

T

TaxLizardAuthor

Level 3

Funds are in a non-interest bearing account in the UK; taxpayer's brother is the executor/custodian of the funds.

itonewbie

Level 15

Your client will also need to file a F.8938 in addition to F.3520. Although duplicate reporting of the SSFA is not required, it will still be necessary to identify on which form you reported the SFFA and the number of forms filed.

---------------------------------------------------------------------------------Still an AllStar

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