San Diego, CA asked in Banking and Tax Law for California

Q: How can I safely get my money into my bank account without being reported or red flagged by the IRS?

Hello, I am a U.S. Citizen and i have "alienable" family whom live in a foreign country. My deceased grandfather left me money to claim for when I turn 19. Now that I am 19 I would like to bring that money into the U.S. and deposit it in my bank account. To avoid my account from being red flagged by the IRS, how soon should I fill out Form 3520? I do not have a foreign bank account, would I still need to file FinCEN 114 report?

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1 Lawyer Answer
Michelle D. Wynn
Michelle D. Wynn
Answered
  • Tax Law Lawyer
  • Melbourne, FL

A: I strongly suggest talking with a tax professional with experience addressing foreign income and assets for US tax purposes. The general answers to these questions do not take into account many of the nuances that can apply in the US tax and reporting rules.

Generally, if you are not treated as an "owner" of the funds that were held in trust for you since your grandfather's passing (and questions of who is treated as the "owner" can get very nuanced and does not just include people who you would expect), you would only have to file Form 3520 for the year in which you received a distribution from the trust, which would be the year that you received these funds after turning 19 (sounds like 2017 from your question). In that case, your Form 3520 would be due when your 2017 income tax is due and it has to be sent to a separate IRS office than your normal income tax return. There may be income that has to be declared on your income tax return if there were earnings produced by the money while it was being held for you.

Presumably this money was held for you in some sort of bank or investment account since your grandfather's passing. If so, then it is likely that you would have had an FBAR (FinCEN Form 114) filing requirement to report that account for each year the funds were being held for you. I suggest reviewing the FBAR Filing Instructions on the FinCEN website and pay close attention to the section defining "Financial Interest." Again, this is a matter that you really should discuss with a professional who has experience in these matters as there are a few different options available to address the situation if you did have a requirement to file the FBAR for prior years and did not.

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