JustAnswer > Tax
Ask A Question|Register|Login|Help
JustAnswer

Tax

Ask a Tax Question, Get an Answer ASAP!

Have your own Tax question?

3 Tax Professionals are Online Now
characters left:
Not a Tax Question?

Related Tax Topics:

  • Gov
  • ,
  • Irs
  • ,
  • Law
  • ,
  • Tax
  • ,
  • Code
  • ,
  • Corp
  • ,
  • Gain
  • ,
  • Gift
  • ,
  • File
  • ,
  • Form
Bookmark and Share

Question

I assume I need to file a 3520 or 3520A, I'm not sure and I can not find any tax person to help me to find out if I need to file one of these. Also I am mortified @ the huge penalties and just now heard about this form. I thought I could file it with my 09 taxes by 4/2010 but somewhere I heard it was due 10/15- why? Can you help me?

Submitted: 29 days and 11 hours ago.
Category: Tax
Value: $15
Status: CLOSED
+
Read More

Optional Information

State/Country relating to question: Costa Rica

Already Tried:
I have a retirement property in Costa Rica. I had to purchase a shelf corp. called a Limitada ( has no stock nor income nor value) 4 yrs ago to buy the property and open a bank account so I have 2 Limitadas, one with property the other for organic farming someday (also no income) and therefore 2 foreign bank accounts. What am I required to file and will I get penalized?

Accepted Answer

Any income you received should be reported on your tax return based on the type of income. If you just hold the property and did not receive any income - there will not be any tax liability.

Don't mix the interest income credited to your account with the appreciation of your investment. Appreciation will be taxable if the original investment converted to another currency or US dollars.

  • You may be required to report on the Schedule B part III that you have accounts in the foreign country if the combined value of the accounts was $10,000 or less during the whole year. See details in the instructions to that form http://www.irs.gov/pub/irs-pdf/i1040.pdf on the page B-2 (sequential page 93) There is no tax associated with this reporting - this is for informational purposes only.
  • The form TD F 90-22.1- http://www.irs.gov/pub/irs-pdf/f90221.pdf that you referenced should be filled if you have financial interest in or signature authority, or other authority over any financial accounts, including bank, securities, or other types of financial accounts in a foreign country, if the aggregate value of these financial accounts exceeds $10,000 at any time during the calendar year. This reporting doesn't constitute tax liability.

If you account just changing in value because of currency fluctuation - this doesn't create any gain or loss and therefore it is not taxable event. You need to keep track of your basis - that is original investment in USD and any interest CREDITED to your account.

 

form 3520A is used if you have a foreign trust.

form 3520 is used if you receive a gift or inheritance abroad

 

Let me know if you need any help.

 

Picture
Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/24/2009

Tax Preparer

Taxes, Immigration, Labor Relations

29 days and 10 hours ago.

Reply

I am confused. I have read many articles about the IRS's Offshore Voluntary Disclosure Program 3/23/09 that states anyone with a foreign account and/or Foreign trust, you MAY be required to file a 3520. I read an article saying a Mexican Fidelcomiso IS considered a Foreign trust and one MUSt file a 3520 0r 3520A. So what constitutes a foreign trust? My Limitadas in Costa Rica are considered a shelf corp like I said with no stock, value, etc. And the penalty for not filing a 3520A is $10,000 a year. The only thing I thought I would have to report this year is like you said a small interest in the foreign bank account. I need to know WHAT IS A FOREIGN TRUST in the IRS's books?

Posted by LEV 29 days and 9 hours ago.

Answer

Taxpayers with unreported income relating to offshore transactions who wish to voluntarily disclose the information to the IRS can find information on the process.

IRS Extends Deadline for Disclosing Hidden Offshore Accounts until Oct. 15, 2009 - http://www.irs.gov/newsroom/article/0,,id=213463,00.html

 

Please do not mix two requirements:

-- to report income regardless if it is received in the US or abroad according to the tax rules - amnesty doesn't cover that requirement.

-- to report foreign accounts under Title 31 (not under any provision of the Internal Revenue Code) - regardless in such account generated taxable income or not. - amnesty covers this requirement.

 

In general, a trust is a relationship in which one person holds title to property, subject to an obligation to keep or use the property for the benefit of another.

A trust is formed under state law. You may wish to consult the law of the state in which the organization is organized.

See for reference - http://www.irs.gov/charities/article/0,,id=96116,00.html

 

A foreign trust is any trust other than a domestic trust.
A domestic trust is any trust if:

-- A court within the United States is able to exercise primary supervision over the administration of the trust and

-- One or more U.S. persons have the authority to control all substantial decisions of the trust.

 

To determine if "a shelf corp. called a Limitada" IS a Foreign Trust - documents of that corporation should be analyzed.

 

+
Read More

Related Tax Questions

  • What are wash sale rules?
  • elderly care
  • head of HH
  • 1031
  • 1031
  • Selling property in my name, but really my in-laws
  • oil field
  • 1031 EXCHANGE FORM 8824



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.