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Nora Bennett

IRS form 3520 for foreign inheritance - what do I need to know?

My husband got an inheritance when his mother passed away in Chile last year. The money (about $67,000) was transferred to a bank account in his name at Banco de Chile in March 2024. I'm trying to figure out if we need to file IRS Form 3520 for our 2024 taxes. I've been looking at Form 3520 instructions and it says something about reporting foreign gifts or inheritances if they exceed a certain amount, but I'm confused about whether this applies since it's not in a US account. My husband is a US citizen but has dual citizenship with Chile. The account was opened specifically to receive this inheritance. Does anyone know if we need to report this on Form 3520? Also, do we need to include this on our FBAR filing? I'm worried about penalties if we don't report correctly. Tax season is coming up fast and we want to get everything right.

You definitely need to pay attention to both Form 3520 and FBAR requirements here. For Form 3520, the reporting threshold for foreign inheritances is $100,000 from a nonresident alien individual. Since your husband received $67,000, you technically don't need to file Form 3520 for the inheritance itself. However, since your husband now has a foreign bank account, you absolutely need to file an FBAR (FinCEN Form 114) if the aggregate value of all foreign financial accounts exceeds $10,000 at any time during the year. Also, depending on your tax situation, you may need to file Form 8938 (Statement of Specified Foreign Financial Assets) with your tax return if you meet the filing thresholds. Make sure your husband reports any interest earned on that foreign account on your tax return. Foreign interest is taxable in the US even if it's already taxed in Chile.

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Thanks for the info. How do we report the interest from the Chilean account on our US taxes? Do we need to convert the interest to dollars using a specific exchange rate? Also, does Chile have a tax treaty with the US that would prevent double taxation?

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You'll need to convert the interest to US dollars using the foreign exchange rate that applies when the interest was credited to the account. The IRS generally accepts any published exchange rate that's used consistently. Many people use the annual average exchange rate published by the IRS or the rate on the specific date the interest was received. Regarding double taxation, the US does have a tax treaty with Chile, but it's complicated. You'll generally report the full interest amount on your US return, then claim a foreign tax credit on Form 1116 for any Chilean taxes paid on that interest. This helps prevent paying tax twice on the same income. Keep documentation of any Chilean taxes paid to support your foreign tax credit claim.

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I'm hesitant to use online services for tax stuff, especially with foreign accounts. How secure is it? And does it actually connect to the IRS systems or just give you guidance?

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Yes, it handled all the exchange rate calculations automatically. I just uploaded my Spanish bank statements, and it extracted all the transaction data and applied the correct historical exchange rates for each date. It even calculated the annual average for some reporting requirements. Saved me from having to look up dozens of exchange rates. It doesn't connect directly to IRS systems - it's not a filing service. It analyzes your documents and tells you what you need to report and on which forms. Everything is encrypted and they don't store your actual financial data after processing. I was nervous about security too, but their privacy policy convinced me it was safe.

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I decided to try taxr.ai after seeing it mentioned here and I'm honestly shocked at how helpful it was. I uploaded my parents' inheritance documents from Korea and my foreign bank statements, and it immediately flagged that I didn't need Form 3520 (under threshold) but did need FBAR filing. It even caught that I needed to report a specific type of Korean investment account I didn't realize was reportable. Would have completely missed that! The document analysis saved me hours of research and probably helped me avoid a potential penalty. The exchange rate calculations alone were worth it - no more spreadsheets trying to track daily rates.

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If you're still having trouble reaching the IRS for questions about your foreign accounts, try using Claimyr (https://claimyr.com). I spent literal WEEKS trying to get through to the IRS international tax department about my foreign accounts in Mexico. Kept getting disconnected or waiting for hours. Used Claimyr's service and got a callback from an actual IRS agent within 2 hours who answered all my Form 3520 and FBAR questions. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - they basically hold your place in the phone queue and call you when an agent is available. Saved me so much frustration.

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It doesn't redial - it uses a system that keeps your place in line without you having to stay on hold. The service navigates the IRS phone tree and then calls you when they've reached a human agent. At that point, you're connected directly to the IRS agent. No third party is listening to your actual conversation with the IRS. I was skeptical too until I tried it. It's not skipping the line - you're still in the same queue as everyone else, but the difference is you don't have to sit there listening to hold music for hours. They just hold your place and alert you when you've reached the front of the line. It's basically like having someone else wait on hold for you, then they transfer the call once an agent is available.

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Just a reminder that the deadline for filing FBAR (FinCEN Form 114) is April 15, but there's an automatic extension to October 15 if you miss the April deadline. Form 3520, if required, is due on the same day as your tax return, including extensions. Make sure you're looking at the most current forms and instructions. The IRS can change the thresholds and requirements, and the penalties for not filing these international forms can be steep ($10,000+ in some cases).

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Is the FBAR filed with your regular tax return or separately? And what happens if you only discover you needed to file it years later?

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FBAR is filed separately from your tax return. It's not submitted to the IRS but to FinCEN (Financial Crimes Enforcement Network) through their BSA E-Filing System. You can't file it on paper - electronic filing is mandatory. If you discover you should have filed FBARs in previous years, there's a procedure called the Delinquent FBAR Submission Procedures. If you reported all income from the foreign accounts on your tax returns and just didn't know about the FBAR requirement, you can file the late FBARs with a statement explaining why they're late. In many cases, the IRS won't impose penalties if you can show reasonable cause and you weren't under audit or contacted by the IRS already. But don't delay once you realize - file those past FBARs as soon as possible.

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I think everyone is overlooking something important here. The OP said their husband has dual US-Chilean citizenship. That means he likely has to comply with tax obligations in BOTH countries. Chile might have its own requirements for reporting inherited assets, especially from a Chilean citizen parent. My cousin went through something similar with Portugal inheritance and got hit with unexpected Portuguese taxes. Might be worth checking with a Chilean tax expert too, not just focusing on the US side.

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Good point! When my dad inherited from his brother in Argentina, the local banks withheld like 18% automatically before transferring the money. He had no idea until he saw the transfer amount was less than expected.

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Thank you all for the helpful advice! You're absolutely right about the Chilean tax side. We actually had to file some paperwork in Chile when the inheritance was processed, and there was a small tax withheld at the source. I'll look into whether we have ongoing Chilean tax obligations. Based on everyone's comments, it sounds like we don't need to file Form 3520 since it's under $100,000, but we definitely need to do the FBAR since the account is over $10,000. I'll make sure to report the interest income on our tax return too and look into the foreign tax credit.

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Just wanted to add one more thing that might help - since your husband's inheritance came from his mother who was a Chilean resident, make sure you keep all the documentation from the Chilean inheritance process. This includes the death certificate, will documents, bank transfer records, and any tax withholding certificates from Chile. You'll need these documents if the IRS ever questions the source of the funds, and they're also important for calculating your foreign tax credit if Chilean taxes were withheld. I learned this the hard way when I couldn't find my grandmother's Italian inheritance paperwork years later during an audit. Also, even though you don't need Form 3520 for this inheritance, if your husband ever receives additional gifts or inheritances from foreign sources in future years, those amounts could be cumulative for reporting purposes in some situations. Good to establish a paper trail now.

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This is excellent advice about keeping documentation! I'm going through something similar with an inheritance from Germany and my tax preparer emphasized how important it is to keep everything organized from day one. The IRS can ask for proof of the inheritance source even years later. One thing I'd add is to also keep records of the exchange rates you used for any conversions, especially if you need to report interest income. Having a consistent method documented can save you headaches if questions come up later. I use a simple spreadsheet to track all foreign account activity with dates and exchange rates. @Nora Bennett - sounds like you ve'got a good handle on this now, but definitely keep all those Chilean documents safe!

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One thing I haven't seen mentioned yet is the timing of when you need to file these forms. Since your husband received the inheritance in March 2024, you'll need to report the foreign account on your 2024 FBAR (due April 15, 2025, with automatic extension to October 15, 2025). Also, be aware that even though the inheritance itself doesn't require Form 3520, if that Chilean account generates more than $10 in interest during 2024, you'll need to report that interest income on your 2024 tax return. The interest is taxable to the US even if it stays in the Chilean account. If you're unsure about any of the requirements, consider consulting with a tax professional who specializes in international tax issues. The penalties for not filing FBAR or incorrectly reporting foreign income can be substantial, so it's worth getting it right the first time. Better to spend a few hundred on professional advice than face potential penalties later.

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This is really helpful timing information! I'm new to dealing with foreign accounts and had no idea about the FBAR automatic extension to October. That gives us some breathing room if we can't get everything together by April 15th. Quick question - you mentioned that interest over $10 needs to be reported. Is that $10 total for the year, or $10 per transaction? The account has been earning a small amount of interest each month, probably around $15-20 total for the year so far. Want to make sure I understand the threshold correctly. Also, does anyone have recommendations for finding a tax professional who specializes in international issues? My regular CPA admitted they don't handle much foreign account reporting and suggested I find someone with more experience in this area.

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