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Question
As a US citizen, am I required to report an unsecured loan received from a foreign financial institution as taxable income?
Submitted: 645 days and 19 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Orlano, Florida
Posted by
The Guy Behind the Tree
645 days and 19 hours ago.
Info Request
Is this a loan for which you have been asked to pay an up-front fee to originate? What is the name of the foreign financial institution?
645 days and 18 hours ago.
Reply
Reply to The Guy Behind the Tree's Post: Their are no up-front fees. I should have also mentioned that I am a shareholder of the financial institution, Storehouse Credit Union Ek. For.
Accepted Answer
A properly documented loan transaction, secured or not, is not a taxable event to the borrower. The loan paperwork is all you will need in the event the IRS questions the transaction.
If the amount of foreign funds received as a loan and brought into the USA exceeds $100,000, there may be IRS reporting requirements.
Expert:
The Guy Behind the Tree
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Answered:
2/15/2008
Experienced Investor & Financier
Don't tax you, don't tax me, tax the guy behind the tree.
645 days and 18 hours ago.
Reply
Reply to The Guy Behind the Tree's Post: Can you elaborate on IRS reporting requirements?
Accepted Answer
Generally you are required to complete and file Form 3520 upon the transfer of $100,000 or more into the US.
http://www.irs.gov/pub/irs-pdf/f3520.pdf
The form itself specifically mentions foreign trusts but most observers feel, out of an abundance of caution presumably, that it applies to inheritances, gifts, and loans as well.
The instructions for Form 3520 are here:
http://www.irs.gov/pub/irs-pdf/i3520.pdf
Among the interesting definitions in the instructions are the terms "Obligation" and "Qualified Obligation".
If your amount is over $100,000 it would probably be a good idea to have your own personal tax practitioner review the form and related instructions, and decide for you whether or not this form needs to be completed and filed. It is a reporting form only, and no tax is due because of the filing of the form, but if the dollar amount is more than $100,000 you, too, should operate under an abundance of caution.
Expert:
The Guy Behind the Tree
Pos. Feedback:
99.3 %
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Answered:
2/15/2008
Experienced Investor & Financier
Don't tax you, don't tax me, tax the guy behind the tree.
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