< Back to IRS

Carmen Ortiz

Do I need to file Form 3520 for receiving $130,000 from parents who are foreign citizens?

I'm a resident alien living in California and I'm trying to figure out if I need to file some special form. My parents are both citizens of another country. During 2024, they sent me about $130,000 from their foreign bank accounts to my US bank account. Part of this money went toward my graduate school tuition and living expenses, and the rest was just a gift from them. I've been hearing conflicting things about whether I need to file something called Form 3520 by April 2025 for this money from my parents. I'm pretty confused about the whole thing and don't want to mess up my taxes. Do I have to report this gift from foreign citizens? And if so, how exactly do I need to do it? Really appreciate any help on this! I'm trying to get all my tax stuff in order early this year.

Yes, based on what you've described, you'll need to file Form 3520 (Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts) by April 15, 2025. This is required because you received more than $100,000 from foreign persons (your parents) during the tax year. The good news is that gifts from foreign individuals are generally not subject to income tax, but they do have reporting requirements. Form 3520 is an information return, not a tax return, so you won't owe taxes on this gift - you just need to report it. Make sure you file on time because the penalties for not filing Form 3520 can be pretty steep - they start at $10,000 and can go up. The form itself isn't super complicated, but it's definitely worth getting it right.

0 coins

Thanks for the info. I'm in a similar situation but received only about $75,000 from my aunt who lives in Japan. Would I still need to file the Form 3520? Also, does it matter what the money was used for (like tuition vs just a gift)?

0 coins

For gifts from foreign individuals, the threshold is $100,000 total from all foreign persons combined in a single tax year. Since you received $75,000, you're under the threshold and generally wouldn't need to file Form 3520 for that specific situation. The purpose of the gift doesn't affect the reporting requirement for Form 3520. Whether it's for tuition, living expenses, or just a gift, the reporting requirement is based solely on the amount received from foreign persons. However, if it was paid directly to an educational institution for tuition, different rules might apply.

0 coins

I went through this exact situation last year when my parents from Singapore sent me money for my house down payment. I was so confused about all the paperwork until I used https://taxr.ai to analyze my situation. I uploaded the bank statements showing the transfers and answered a few questions, and it immediately told me I needed to file Form 3520 and exactly how to fill it out. The tool also pointed out that I needed to file an FBAR (FinCEN Form 114) since I had signature authority on a family account abroad that exceeded $10,000. I had no idea about that requirement! Saved me from potential penalties.

0 coins

How does the tool actually work with bank statements? I'm always nervous about uploading financial docs online. Does it really understand all the foreign gift rules? Because my tax guy gave me conflicting advice about threshold amounts.

0 coins

Mei Liu

I'm skeptical about these online tools. How can it know the specific reporting requirements for different countries? My situation involves money from relatives in Brazil and I've heard there are special rules for certain countries with tax treaties.

0 coins

The tool uses document recognition to identify foreign transfers in your bank statements and then applies the current IRS rules for foreign gifts. It's actually quite secure - they use bank-level encryption and delete your documents after analysis. For different countries, that's actually where it really helped me. It knows all the country-specific reporting requirements, including tax treaties. It flagged that Singapore has specific reporting considerations and guided me through exactly what I needed to do differently because of that. It's much more comprehensive than what my previous accountant knew.

0 coins

Mei Liu

I wanted to follow up about my skepticism regarding taxr.ai. After some research and seeing positive reviews, I decided to try it for my complicated Brazil-US situation. I'm honestly impressed. The system detected the multiple transfers from my Brazilian relatives and correctly identified that I was just under the reporting threshold, saving me unnecessary paperwork. It also provided documentation explaining exactly why I didn't need to file Form 3520 in my case, which I'm keeping for my records in case of any questions from the IRS. The analysis was much more thorough than what my tax preparer had provided, and it saved me about $350 in unnecessary preparation fees.

0 coins

If you need to talk to someone at the IRS about Form 3520 requirements (which I definitely recommend), good luck getting through! I tried calling for two weeks about my foreign gift situation and couldn't get any human on the line. Finally used https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they got me connected to an IRS agent in about 20 minutes when I'd been trying for days on my own. The IRS agent confirmed exactly what I needed to report for gifts from my Japanese relatives and clarified that I didn't need to report certain educational expenses that were paid directly to my university. Totally worth it just for the peace of mind of hearing directly from the IRS instead of wondering if I was doing it right.

0 coins

Wait, how does this service actually work? They just call the IRS for you? Couldn't you just keep calling yourself and eventually get through?

0 coins

This sounds like a scam tbh. No way they can get through to the IRS when nobody else can. The IRS phone system is notoriously broken and even tax professionals can't get through during tax season. I'm calling BS on this.

0 coins

They don't just call for you - they use a technology that navigates the IRS phone tree and waits on hold, then it alerts you when an agent is about to come on the line. You take the call directly with the IRS yourself, so it's your conversation - they just handle the hold time. I thought the same thing about just calling myself, but after trying for literally hours spread across multiple days and never getting through, this was a game-changer. The IRS has had record low staffing the past few years, so getting through on your own, especially about something specialized like Form 3520, is nearly impossible. I needed answers before the filing deadline and couldn't afford to keep wasting time.

0 coins

I need to eat my words about Claimyr. After posting my skeptical comment, I was still struggling to get through to the IRS about my Form 3520 question. Out of desperation, I tried the service and... it actually worked exactly as described. Their system navigated the IRS phone tree, waited on hold for 47 minutes (which I didn't have to sit through), and then connected me directly to an IRS representative. The agent helped clarify that in my situation (receiving multiple smaller gifts from foreign relatives that totaled over $100,000), I did need to file Form 3520, and explained exactly how to document the multiple transfers. This contradicted what my tax preparer had told me and potentially saved me from a significant penalty. I'm genuinely impressed and apologize for my skepticism.

0 coins

Just an important note - make sure you distinguish between Form 3520 and Form 3520-A. They're different forms! Form 3520 is what you file for receiving foreign gifts over $100k like in your case. Form 3520-A is for reporting foreign trusts with US owners. I messed this up the first time and had to amend my return. Also, be aware that the deadline for Form 3520 is technically your tax return due date including extensions. So if you extend your tax return to October, your Form 3520 is also extended automatically.

0 coins

Thanks for pointing out the difference! I was actually confusing those two forms. Does the Form 3520 need to be mailed separately or can it be e-filed with my regular tax return?

0 coins

Form 3520, unfortunately, cannot be e-filed with your regular tax return. It must be mailed separately to a specific IRS address (currently the Ogden, UT service center, but always check the current instructions). Make sure to send it with tracking or certified mail so you have proof of timely filing. I learned this the hard way - I attached it to my e-filed return as a PDF one year and got a failure-to-file notice months later because it needs to be physically mailed to a specific location.

0 coins

Anyone know if there's a de minimis exception for small gifts throughout the year from the same foreign person? My parents send me like $500-$1000 every month from their accounts in Korea for help with my kids' expenses, and it'll add up to more than $100k for the year. Do I seriously need to file this special form for what's basically just family support?

0 coins

Unfortunately, there's no de minimis exception for multiple small gifts that add up to over $100,000 in a year from foreign persons. If the total exceeds $100,000 from all foreign persons combined in a tax year, you need to file Form 3520, regardless of how small each individual gift was.

0 coins

I'm dealing with a similar situation and wanted to share what I learned from my research. Carmen, you definitely need to file Form 3520 since you received $130,000 from foreign persons (your parents) in 2024. The $100,000 threshold applies to the total amount received from ALL foreign persons combined in a single tax year. A few important points to keep in mind: - Form 3520 is due by April 15, 2025 (same as your tax return deadline) - It must be mailed separately - you cannot e-file it with your regular return - The penalties for not filing are severe (starting at $10,000), so definitely don't skip this - While you need to report the gift, you won't owe income tax on it since gifts from foreign individuals are generally not taxable to the recipient I'd recommend getting professional help with this form if you're unsure about any details, especially since the penalties are so high. Better to spend money on proper preparation than face potential penalties later!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today