Thank you very much for your patience. I do apologize for the delay. Please allow me to fully respond to your concerns below.
Here is the relevant snippet from the IRS code and IRS explanations of Foreign Trusts:
Foreign Trust Reporting Requirements
International Tax Gap Series
Although there are legitimate reasons why a U.S. person might create a foreign trust, or have transactions with a foreign trust, they can have tax consequences and result in filing responsibilities as well. Regardless of your motivation, failure to meet these reporting and filing requirements can result in very significant penalties.
In general, the reporting rules apply to a U.S. person who:
Tax consequences can apply to the U.S. owners and U.S. beneficiaries of foreign trusts, and to the foreign trust itself.
Reporting Requirements and Tax Consequences
Form 3520 - Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts
Who must file Form 3520? There are several situations in which a Form 3520 (or statement with similar information) is required to be filed. The most common circumstances are where a U.S. person:
Form 3520 Instructions have more detailed information about who must file a Form 3520; when, where, and possible penalties for late or incomplete filing.
Form 3520-A - Annual Information Return of Foreign Trust with a U.S. Owner. This form provides information about the foreign trust, its U.S. beneficiaries, and any U.S. personwho is treated as an owner of any portion of the foreign trust.
Who Must File Form 3520-A? Each U.S. person treated as an owner of any portion of a foreign trust under the grantor trust rules is responsible for ensuring that the foreign trust files Form 3520-A and furnishes the required annual statements to its U.S. owners and U.S. beneficiaries.
Instructions to Form 3520-A have more detailed information about who must file a Form 3520-A; when, where, and possible penalties for late or incomplete filing.
Other Possible Reporting Requirements
Form 1040, Schedule B, Part III, Foreign Accounts and Trusts must be completed if you receive a distribution from, or were grantor of, or a transferor to a foreign trust
TDF 90-22.1: Report of Foreign Bank and Financial Accounts – You might have to file this form if you have a financial interest in or signature authority over an account associated with a foreign trust.
Form 709 Gift Tax Return. A U.S. person who transfers money or property to a foreign trust may be required to file Form 709 United States Gift (Generation Skipping Transfer) Tax Return. See the Instructions for Form 709 for further information.
Form 1040NR – A foreign trust , which is not taxed to a U.S. owner as a grantor trust, may be obligated to file a Form 1040NR to pay U.S. tax on certain U.S. sourced income. See Publication 519 and the Instructions for Form 1040NR for additional information.
Income Tax Consequences
U.S. owner of a foreign trust
- In general, the U.S. owner of a foreign trust
is taxed on the income of that trust.
A U.S. person is treated as the owner of a foreign trust under the grantor trust rules of Internal Revenue Code sections 671-679, which includes someone who transfers assets to a foreign trust which has a U.S. beneficiary of any portion of the trust.
*Each U.S. owner
should receive a Foreign Grantor Trust Owner Statement (Form 3520-A, page 3), which includes information about the foreign trust income they must report.
U.S. beneficiary of a foreign trust
– In general, the U.S. beneficiary
of a foreign trust will report their share of foreign trust income to the extent it is not reported by the transferors to the trust under the grantor trust rules. The U.S. beneficiary
should receive a Foreign Grantor Trust Beneficiary Statement (Form 3520-A, or a Foreign Non Grantor Trust
Beneficiary Statement which includes information about the taxability of distributions they have received and foreign trust income they must report.
U.S. transferor of assets to a non grantor foreign trust
- Internal Revenue Code section 684 requires the recognition of gain on certain transfers of appreciated assets to a foreign trust. See the Instructions for Form 3520-A
for additional information.
Certain things to keep in mind--if you own the other irrevocable trust, you can move the asset into a new vehicle. You as trust owner remain liable for the trust income but any disbursement of trust assets makes the beneficiary liable for the expenses and tax implications. You CAN move the assets if you are the trustee provided that does not violate trust conditions. Or, you can put in more assets into the existing trust provided it is still revocable, and use it to create the conditions you are seeking for your mother.
Hope that helps.