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2018 Schedule B-1 Form: What You Should Know
The form 3520-A is a filing required by an owner of a foreign trust whose foreign assets come under the provisions of IRC section 671. If the asset is transferred to the foreign trust as an investment asset, the trust must file Form 3520-A because the trust must report under IRC section 671. In general, Form 3520-A is required to be filed if: the beneficiary/owner of the foreign trust: holds an interest in or has an interest from any of the foreign entities (generally corporations and partnerships); or has any ownership interest or any right to any interest in these entities. In addition, Section 679 requires that the foreign entity providing any asset transfers (such as, a corporation) report to the recipient of the transfer any ownership or permanent control of the entity. If the entity provides the asset transfer to a foreign trust, the trust is required to file Form 3520-A to report the transfer or distribution of ownership or permanent control to the recipient of the trust by holding either an ownership interest in or a right to a share of the entity holding the assets. Under federal law, if a trust is created specifically to receive income or money from a foreign affiliate, whether it's the same affiliate or different, the foreign entity must (1). Report, (2) or (3) report a “foreign ownership interest.” Under current IRS regulations, the foreign entity (usually the U.S. parent entity as a corporation) must report on its tax return the “qualifying ownership of the foreign partner.” If no foreign entity is identified, the “foreign ownership interest” is that which is reported for an individual under IRC Section 6048(c)(2)(A).
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