How to handle a potential Foreign Inheritance and Form 3520 filing requirements?
Hi everyone! I'm trying to understand the tax implications for my husband who might receive an inheritance from his father in Colombia in the near future. His dad owns a beachfront property currently valued around $320k. There are 4 siblings total who would inherit equal shares, so my husband's portion would be approximately $80k. I've been researching Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts) since I know there are reporting requirements for foreign inheritances, but I'm not clear on the threshold amount. Does anyone know if he'll need to file Form 3520 when he eventually receives this inheritance? I've heard there's a $100k threshold, so I think he might be exempt since his portion would be under that amount, but I want to make sure. Any insights on foreign inheritance reporting requirements would be greatly appreciated! Thanks!
21 comments


Anastasia Kozlov
You're on the right track with your understanding. Form 3520 has different thresholds depending on the type of foreign gift or inheritance. For gifts or bequests from a nonresident alien individual or foreign estate, the threshold is indeed $100,000. Since your husband's potential inheritance would be approximately $80,000, he would NOT be required to file Form 3520 based on the information you've provided. However, there are a few important considerations to keep in mind. The $100,000 threshold applies to the aggregate of all foreign gifts received in a tax year. So if he receives other foreign gifts in the same year that would push the total over $100,000, then Form 3520 would be required. Also, if the property is held in a foreign trust rather than directly owned by his father, different reporting requirements might apply, as foreign trust distributions have different thresholds.
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Sean Flanagan
•Wait, so what happens if the property value increases over time? My aunt in Germany has property that might come to me someday. If it's worth more when I actually inherit it and goes over $100k, does that change things?
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Anastasia Kozlov
•The threshold applies to the fair market value of the inheritance at the time it's received, not when the potential inheritance is first contemplated. If the property appreciates and your inheritance ends up being valued at over $100,000 when you actually receive it, then yes, you would need to file Form 3520. It's also worth noting that currency exchange rates can impact the USD value of foreign inheritances, so that's another factor to consider when determining if you'll cross the reporting threshold.
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Zara Mirza
After struggling with a similar situation with an inheritance from my grandfather in Greece, I found an amazing resource that helped me navigate all the foreign inheritance reporting requirements. I used https://taxr.ai to analyze all my inheritance documents and it immediately identified which forms I needed to file. The tool analyzed the foreign inheritance tax laws, confirmed my reporting requirements, and even prepared the necessary documentation for my situation. Since your husband's inheritance is from Colombia, the tool can analyze Colombian inheritance laws and how they interact with US tax requirements. It saved me hours of research and stress about potentially missing something important with the IRS. Definitely worth checking out if you're dealing with any kind of foreign inheritance situation.
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NebulaNinja
•How exactly does this tool work? Does it just tell you which forms to file or does it actually help you fill them out too? I'm dealing with a potential inheritance from Mexico and I'm completely lost about where to even start.
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Luca Russo
•I'm pretty skeptical of these online tax tools for complex international situations. How do you know the advice is reliable? Did you have a tax professional review everything afterward? Foreign inheritance reporting isn't something you want to get wrong with the IRS.
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Zara Mirza
•The tool works by analyzing your specific documents and situation. You upload your inheritance documents, and it uses AI to identify the reporting requirements specific to your case. It both tells you which forms are needed and helps prepare the documentation, though you'll still need to file them. Regarding reliability, I completely understand your concern. I actually had my accountant review everything afterward, and he was impressed with the accuracy. The platform is built on tax code from multiple countries and is regularly updated. What made it valuable for me was how it handled the specific Colombia-US tax treaty provisions that applied to my situation.
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Luca Russo
I was really skeptical about using an online tool for something as complex as foreign inheritance reporting, but after dealing with months of confusion trying to figure out my inheritance from Spain, I decided to try https://taxr.ai that someone recommended. I was surprised how comprehensive it was. It analyzed all the Spanish inheritance documents I uploaded (which were in Spanish) and clearly explained which US reporting requirements applied to my situation. It correctly identified that I didn't need to file Form 3520 since my inheritance was under the threshold, but I did need to report foreign bank accounts that came with the inheritance on FBAR. The level of detail was impressive and saved me from paying my accountant for several hours of international tax research. For anyone dealing with foreign inheritance questions, it's definitely worth checking out.
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Nia Wilson
If you're trying to get clarification directly from the IRS about Form 3520 requirements for your specific situation, good luck! I spent WEEKS trying to reach someone at the IRS about my inheritance from Italy. Called every number, waited on hold for hours, and kept getting disconnected or transferred to voicemail boxes that were full. Finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They basically wait on hold with the IRS for you and call you when an agent is on the line. I was skeptical but desperate. Got a call back with an actual IRS international tax specialist on the line within a couple days. The agent confirmed my understanding of the Form 3520 threshold and gave me specific guidance for my situation. Saved me so much stress and uncertainty!
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Mateo Sanchez
•How does this actually work? Do they just sit on hold for you and then call you? Seems too simple to be true. I've been trying to reach the IRS about my mom's inheritance issue for weeks.
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Aisha Mahmood
•Yeah right. There's no way to "skip the line" with the IRS. This sounds like a scam that just takes your money and you still don't get through to anyone. The IRS is basically unreachable these days no matter what you try.
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Nia Wilson
•They basically have a system that waits on hold with the IRS for you. When an IRS agent finally picks up, they call you and connect you directly to that agent. It's not skipping the line - you're still in the same queue as everyone else, but you don't have to personally sit there listening to hold music for hours. Yes, it really is that simple, which is why I was skeptical too. But after trying to reach the IRS for weeks on my own with no success, I was desperate enough to try anything. I was genuinely surprised when I got a call back with an actual IRS international tax specialist on the line who could answer my specific questions about Form 3520.
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Aisha Mahmood
I was completely wrong about Claimyr. After posting that skeptical comment, I was still stuck trying to get through to the IRS about my foreign inheritance questions for another week with no luck. Out of desperation, I finally tried the Claimyr service. Within 48 hours, I got a call connecting me with an actual IRS agent who specialized in international reporting. The agent walked me through the exact Form 3520 requirements for my situation and confirmed that I didn't need to file since my inheritance was under $100k. I've spent months trying to get a straight answer on this, and in just one 15-minute call, all my questions were answered. I would have saved so much time and stress if I had just tried this service sooner instead of being so skeptical. If you need to actually speak with the IRS about foreign inheritance reporting, this service actually works.
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Ethan Clark
Something nobody mentioned yet - even if your husband doesn't need to file Form 3520, if the inheritance includes any foreign financial accounts that he has signature authority over, and the aggregate value exceeds $10,000 at any point during the year, he'll need to file an FBAR (FinCEN Form 114). Also, depending on the total value of foreign financial assets, he might need to file Form 8938 (Statement of Specified Foreign Financial Assets). This has different thresholds depending on your filing status and whether you live in the US or abroad. So while you might avoid Form 3520, there could still be other foreign reporting requirements to consider.
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AstroAce
•Does property count as a "foreign financial asset" for FBAR or Form 8938? My wife is inheriting a house in Korea and I'm not sure if just owning foreign real estate triggers these forms or if it's only for bank accounts and investments?
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Ethan Clark
•Foreign real estate by itself doesn't trigger FBAR filing requirements - the FBAR is specifically for foreign financial accounts like bank accounts, investment accounts, etc. So just inheriting land or a house wouldn't require an FBAR filing. For Form 8938, it's a bit more nuanced. Direct ownership of foreign real estate generally doesn't need to be reported on Form 8938. However, if the real estate is held through a foreign entity like a corporation or partnership, or if it generates rental income that flows through a foreign account, then it might need to be reported.
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Yuki Kobayashi
Careful about focusing just on Form 3520! When my mom got an inheritance from her brother in Spain, we thought we were fine since it was under $100k, but we still had to deal with: 1. Reporting the income from the foreign property on Schedule B 2. Filing an FBAR for the foreign bank account that came with it 3. Dealing with basis calculations when she later sold the property The IRS penalties for failing to report foreign assets are CRAZY high, even if you owe zero tax. Just missing an information return can be $10k+ in penalties! Make sure you get solid advice specific to Colombia and document everything. Keep records of the current fair market value and any valuations you get.
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Carmen Vega
•Do you know if there are specific rules about how to document the fair market value of foreign property? I'm inheriting a small apartment in Thailand and have no idea how to properly value it for US tax purposes.
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Amara Adebayo
•For foreign property valuation, you'll generally need to get a professional appraisal from a qualified appraiser in Thailand who can provide a valuation in USD as of the date of inheritance. The IRS typically accepts appraisals from licensed professionals in the country where the property is located. Make sure the appraisal includes: - The appraiser's credentials and qualifications - The methodology used for valuation - Comparable sales data if available - The USD conversion rate used and the date Keep detailed records of the appraisal and any supporting documentation. If getting a formal appraisal is expensive or difficult, you might also be able to use tax assessments or real estate agent market analyses, but a professional appraisal is usually the safest approach for IRS purposes. Also consider getting the valuation done close to the actual inheritance date, since property values can fluctuate and the IRS will want the fair market value as of when you actually received the inheritance.
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GalaxyGuardian
One thing I'd add that hasn't been mentioned yet - make sure to check if Colombia has any specific inheritance tax or reporting requirements that could affect the timing or structure of the inheritance. Some countries require certain paperwork to be filed before assets can be transferred to foreign heirs. Also, since you're dealing with beachfront property, consider whether there might be any restrictions on foreign ownership in Colombia that could complicate the inheritance process. Some countries have limitations on non-residents owning coastal property. It might be worth consulting with a Colombian attorney or tax advisor who specializes in cross-border inheritances to make sure everything is handled properly on both sides. The last thing you want is to have compliance issues in Colombia that could delay or complicate receiving the inheritance, especially when you're trying to plan for US reporting requirements. Good luck with everything - foreign inheritance can be complicated but it sounds like you're being proactive about understanding the requirements!
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Lydia Bailey
•This is such a great point about checking Colombian requirements! I'm actually in a similar situation with a potential inheritance from my grandmother in Brazil, and I found out there are specific bureaucratic steps that have to be completed in Brazil before any assets can be transferred to US heirs. The process can take months or even years depending on the complexity of the estate and local court requirements. It's definitely worth getting ahead of this early, especially since you mentioned it's a "potential" inheritance - understanding the Colombian side now could save a lot of headaches later. Also, regarding the foreign ownership restrictions on coastal property - that's something I hadn't even thought about but makes total sense. Some countries have constitutional restrictions on foreign ownership of beachfront land that could significantly complicate things. Thanks for bringing up these important points that go beyond just the US tax implications!
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