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Aisha Mahmood

Filing Form 4868 Extension - Does Form 3520 for Foreign Trusts Get Extended with 1040?

I'm trying to figure out the extension rules for my tax situation this year. If I file Form 4868 to get an extension on my 1040 and Form 8938, does that automatically extend the Form 3520 deadline too? Or is Form 3520 still due on April 15th, 2025 regardless of the extension? Also, I know Canadian RRSP and RRIF accounts have special exceptions for Form 3520 filing requirements, but I can't find clear info about whether my Canadian TFSA is considered a foreign trust. Does anyone know if there's official IRS guidance on this? Last question - I liquidated all my investments in my TFSA back in December 2023 and moved the money (about $28,000) to my regular checking account in January 2024. Do I need to report this transaction on Form 3520? I'm really worried about getting hit with that massive 10K penalty or the 35% penalty on distributions from a foreign trust. Any help would be super appreciated! I'm getting anxious as the filing deadline approaches.

Ethan Clark

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The extension rules can be confusing, but I can help clarify. When you file Form 4868, it automatically extends the deadline for Form 3520 along with your Form 1040. So instead of April 15th, 2025, your new deadline for both would be October 15th, 2025. This is because Form 3520 is considered an information return associated with your individual tax return. Regarding your Canadian TFSA (Tax-Free Savings Account), the IRS hasn't provided as clear guidance as they have for RRSPs and RRIFs. Generally, TFSAs are often considered foreign trusts for U.S. tax purposes, unlike RRSPs which have specific exceptions. This means you might need to report it on Form 3520 if it meets the reporting thresholds. For your liquidation situation, if your TFSA is indeed considered a foreign trust, then yes, you would need to report the distribution on Form 3520. The $28,000 liquidation would be considered a distribution from a foreign trust. Not reporting it could potentially subject you to those penalties you mentioned.

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AstroAce

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Thanks for this explanation. I'm confused though - do I need to file a separate extension form for the 3520, or does the 4868 cover everything automatically? Also, what if I'm only getting the extension because I'm waiting on some investment docs for my domestic accounts, but I already have all my foreign account info ready? Can I file the 3520 early and the 1040 later?

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Ethan Clark

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The Form 4868 automatically extends the Form 3520 deadline along with your 1040 - no separate extension form is needed for Form 3520. This is a common point of confusion, but they're linked for extension purposes. You can technically file Form 3520 separately before your 1040 if you have all the information ready, but it's generally recommended to file them together. Filing them separately might cause processing issues since the IRS systems typically expect them to be filed concurrently. If you file them separately, make sure to attach a statement explaining that you're doing so and that your Form 1040 will follow under extension.

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Carmen Vega

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How exactly does this work? I have accounts in several countries (UK, Japan, and Singapore) and I'm always confused about which ones need special forms. Does it actually tell you specifically which accounts need Form 3520 vs just FBAR reporting? And does it help with figuring out the actual numbers to put on the forms?

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I'm pretty skeptical about tax tools claiming to handle foreign accounts properly. Most software I've tried gets it completely wrong. How accurate was it with identifying the Canadian TFSA situation specifically? That's a real edge case that even many tax professionals get wrong.

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The way it works is you upload your foreign account statements and it uses AI to analyze all the documents and identify reportable accounts and transactions. It specifically flags which accounts require Form 3520, which need FBAR reporting, Form 8938, etc. It's particularly helpful for distinguishing between different reporting requirements. For Canadian TFSAs specifically, it correctly identified mine as potentially reportable on Form 3520 as a foreign trust (unlike RRSPs which have an exception). It even flagged the distribution I took from my TFSA as something that needed Form 3520 reporting and calculated the correct value to report. What impressed me was how it cited the relevant IRS guidance on why TFSAs are generally treated differently than RRSPs.

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I was super skeptical about tax tools for foreign accounts, but I finally tried https://taxr.ai and I have to admit I was wrong. It correctly identified my Canadian TFSA as a foreign trust requiring Form 3520 reporting, which confirmed what my accountant told me but with more detailed explanation. It also caught a distribution I had forgotten about! The tool explained exactly why the TFSA doesn't qualify for the same exceptions as the RRSP (something about the technical tax treaty provisions), and it calculated my potential penalty exposure if I'd missed filing the form. What really sold me was how it pulled the exact numbers from my statements to put on each form. It even generated a draft Form 3520 with the distribution amount prefilled. Honestly saved me from a potential audit headache.

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Jamal Harris

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Zoe Stavros

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It's not about jumping the queue - the service uses an automated system that continuously redials until it gets through, then calls you when it has an IRS agent on the line. It's basically handling the waiting and redialing process for you so you don't have to spend hours with your phone on speaker listening to hold music. The service doesn't use any "secret backdoor" - it's just automating the frustrating part of calling the IRS. They explain on their site that they use technology to navigate the phone tree and stay on hold so you don't have to. When I used it, I went from my normal 2+ hour wait times to getting through to an agent in about 18 minutes. It was absolutely worth it to get definitive answers about my Form 3520 situation.

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GalaxyGlider

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Mei Wong

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I dealt with this exact situation last year. The Form 4868 definitely extends the Form 3520 deadline to October 15th. For Canadian TFSAs, they're generally considered foreign trusts unless you make an election to treat them as a PFIC (which has its own complications). One thing to watch out for - even with the extension, if you owe any tax, you still need to PAY by April 15th to avoid penalties and interest. The extension only gives you more time to file the forms, not to pay what you owe.

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Liam Sullivan

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What's the benefit of electing to treat a TFSA as a PFIC instead of a foreign trust? Aren't both reporting requirements pretty complex? I have a small TFSA with about $15,000 and I'm trying to figure out the least painful way to report it.

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Mei Wong

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The benefit of electing to treat a TFSA as a PFIC instead of a foreign trust primarily comes down to potentially avoiding the Form 3520/3520-A reporting requirements, which are quite extensive and have higher penalties for non-compliance. With a PFIC, you'd file Form 8621 instead, which is still complex but might be less burdensome in some situations. However, the PFIC tax treatment is often unfavorable from a tax perspective - it can result in higher tax rates on gains and distributions than the foreign trust treatment. For a smaller account of $15,000, you might want to consider if it's worth maintaining the TFSA at all, as the compliance costs and complexity might outweigh the benefits of keeping a relatively small foreign account.

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Amara Okafor

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Question about the TFSA distribution - if I closed my account and transferred everything to a US account like OP did, do I need to report this on Form 3520 every year going forward, or just for the tax year when I made the transfer? I'm thinking about doing the same thing to simplify my tax situation.

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Ethan Clark

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You would only need to report the distribution on Form 3520 for the tax year in which you received the distribution - not for future years. So if you closed your TFSA and transferred everything to a US account in 2024, you'd report it on your 2024 Form 3520 (filed in 2025). After that, since the account is closed, you wouldn't need to continue reporting it in future years. This is actually a common strategy for US persons with Canadian TFSAs - closing them to simplify US tax compliance since the tax advantages of TFSAs are generally not recognized by the US anyway.

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Ella Thompson

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I went through a very similar situation with my Canadian TFSA last year and can confirm what others have said about the extension. Form 4868 does automatically extend Form 3520 to October 15th - you don't need to file a separate extension form. For your specific TFSA situation, the IRS generally treats Canadian TFSAs as foreign trusts (unlike RRSPs which have treaty exceptions). Your $28,000 distribution in January 2024 would likely need to be reported on Form 3520 as a distribution from a foreign trust. The good news is that if you're filing under extension, you have until October 15th to get everything sorted out. One piece of advice - consider getting professional help with this if the amounts are significant. The Form 3520 penalties are severe (the greater of $10,000 or 35% of the trust distributions), so it's worth making sure you get it right. The complexity of foreign trust reporting combined with the harsh penalty structure makes this one area where professional guidance often pays for itself.

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