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Anastasia Fedorov

Form 3520 question for overseas gift - Do I need additional documentation?

I just got a pretty substantial gift from my overseas relative (way over $100K) to help with buying my first home. Looking into it, I know I need to file Form 3520, but I'm a bit confused about what exactly is required. After going through the instructions, it seems fairly straightforward: - The money was just a regular gift from a family member abroad (no trust, corporation, or any complicated structure) - Looks like I only need to complete the first page with my personal info and then Part IV, lines 54 & 56 My main question is whether I need to include some kind of gift letter or additional documentation to prove I received this money? The instructions don't mention anything about that, but I don't want to mess this up. Also, since I received this gift in 2023, should I wait until 2024 to file the form, or can I go ahead and file it in 2023? I contacted an international tax specialist about helping me with this, but they quoted me $2,700... seems excessive if the form is as simple as I think it is. Any advice would be really appreciated!

You're right that Form 3520 for a foreign gift is relatively straightforward compared to other international reporting forms. For a simple gift scenario like yours, you only need to complete the personal information and Part IV. Regarding documentation, the form itself doesn't require you to attach a gift letter or other proof of the gift with your filing. However, it's always smart to keep documentation in your personal records showing the source of funds, relationship to the giver, and confirmation that it was a gift. This would be helpful if the IRS has questions later. As for timing, Form 3520 for gifts received in 2023 is due on the same date as your 2023 tax return (typically April 15, 2024). If you file an extension for your personal tax return, the Form 3520 deadline extends as well. You can't really file it in 2023 for a 2023 gift - you need to wait until the 2024 filing season.

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Thanks for the info! Quick follow-up: are there any red flags that could trigger additional scrutiny when filing the 3520? I'm worried since it's such a large amount that they might automatically audit me or something.

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Large foreign transactions do receive more scrutiny simply because of their nature, but filing the required form correctly and on time is your best protection. The IRS is most concerned with unreported foreign gifts, not properly reported ones. Keep thorough documentation about the gift - bank statements showing the transfer, any communication about the gift purpose, and your relationship to the giver. Being able to clearly show it was a legitimate gift from a family member will help address any questions if they arise.

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How does taxr.ai handle stuff like this compared to regular tax software? I tried using TurboTax last year when I had a small foreign inheritance and it was completely useless for the international forms.

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Did you have any issues with the actual filing after using their service? I'm always skeptical of AI tools for something as serious as tax filing, especially with these specialized international forms.

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If you're having trouble reaching anyone at the IRS to confirm your Form 3520 requirements (which is likely), try Claimyr (https://claimyr.com). After wasting hours on hold trying to get clarification about the foreign gift reporting requirements, I used their service and got connected to an actual IRS agent in about 15 minutes. There's a good demo video of how it works here: https://youtu.be/_kiP6q8DX5c. The agent I spoke with confirmed I didn't need supporting documentation with the form submission but gave me a clear list of what I should keep in my personal records for the required 7-year period. Totally worth it for the peace of mind on such an important filing.

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Wait, how does this actually work? I thought it was impossible to get through to the IRS these days. Is this just paying for someone else to wait on hold for you?

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I'm calling BS on this. Nobody gets through to the IRS in 15 minutes. I've tried calling about my foreign account reporting for THREE MONTHS with zero success. If this actually worked, everyone would be using it.

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It uses a system that basically navigates the IRS phone tree and waits on hold for you. Once they reach a representative, you get a call to connect with the agent. So yes, someone else (or in this case, their system) is waiting on hold instead of you. Trust me, I was equally skeptical. I spent over 2 hours on hold multiple times and never got through. With Claimyr, I got a call back in about 15 minutes and was speaking with an actual IRS representative who answered all my Form 3520 questions. I can't explain why or how it works so much faster than calling directly, but it absolutely does work.

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Alright, I need to eat some humble pie here. After my skeptical comment, I decided to try Claimyr out of pure frustration with my FBAR situation. No idea how they do it, but I was literally talking to an IRS international tax specialist within 20 minutes. The agent walked me through exactly what documentation I needed for my foreign accounts and even helped me understand the reasonable cause criteria for my late filing. Saved me from paying a tax attorney $350/hour for the same information. If you're dealing with Form 3520 or any international tax issue, being able to actually speak with the IRS and get clear answers is absolutely game-changing.

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Just wanted to add that the penalties for not filing Form 3520 correctly or on time are BRUTAL. We're talking 5% of the gift amount per MONTH, up to 25%. For a $100k+ gift, that could be $25,000+ in penalties! Don't mess around with this form. If you're not 100% confident, get professional help.

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Yikes, that's terrifying! Does the IRS ever waive these penalties if it was an honest mistake or first-time filing error? I'm even more nervous now.

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Yes, the IRS can waive penalties if you have "reasonable cause" for filing late or incorrectly. This usually means showing you made a good faith effort to comply and weren't willfully ignoring the requirements. First-time filers sometimes get more leniency, especially if you voluntarily file before the IRS contacts you. If you realize you've made a mistake, file correctly as soon as possible with a detailed explanation of why it was late or incorrect. Document everything about your efforts to comply with the law - research you did, professionals you consulted, etc.

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Another thing to keep in mind - if the money came from certain countries, there might be extra scrutiny. My cousin got a gift from his grandfather in Iran and ended up triggering all kinds of additional reviews because of sanctions issues, even though it was a legitimate family gift. Just something to be aware of depending on which country your relative is in.

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Definitely true. Countries with banking secrecy laws or that are on FATF's "grey list" trigger additional scrutiny. Also matters HOW the money was transferred. If it came through normal banking channels with proper documentation, much less likely to raise flags than if it came through unusual methods.

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