Foreign Pension Reporting | When is a Form 3520-A or 3520 Required ? Ever?

For help with an international tax issue go to: https://www.irsmedic.com/offshore The claimed authorization to require Form 3520-A and Form 3520 reporting on tax-advantaged foreign pensions comes from 26 USC 6048. The relevant section follows: 26 U.S. Code § 6048 - Information with respect to certain foreign trusts (1) General rule On or before the 90th day (or such later day as the Secretary may prescribe) after any reportable event, the responsible party shall provide written notice of such event to the Secretary in accordance with paragraph (2). (2) Contents of notice. The notice required by paragraph (1) shall contain such information as the Secretary may prescribe, including— (A) the amount of money or other property (if any) transferred to the trust in connection with the reportable event, and (B) the identity of the trust and of each trustee and beneficiary (or class of beneficiaries) of the trust. (3) Reportable event For purposes of this subsection— (A) In general The term “reportable event” means— (i) the creation of any foreign trust by a United States person, (ii) the transfer of any money or property (directly or indirectly) to a foreign trust by a United States person, including a transfer by reason of death, and (iii) the death of a citizen or resident of the United States if— (I) the decedent was treated as the owner of any portion of a foreign trust under the rules of subpart E of part I of subchapter J of chapter 1, or (II) any portion of a foreign trust was included in the gross estate of the decedent. Note how the code does not mention foreign retirement plans. While a foreign retirement plan has aspects of a foreign trust, there is typically no trust document, rather it is merely an investment contract. Should the IRS demand expensive trust report for foreign pensions? Is that what congress intended? Post Loper-Bright, did the government go too far? Is there a basis, when the law itself does not mention retirement or a pension. Join host Anthony E. Parent, Esq. as he discussed foreign retirement reporting with longtime guest John Richardson of citizenshipsolutions.ca and Keith Redmond, Advocate to and Consulate to the American Abroad as the discuss the law as is, the law as created by the tax industry and strategies for an upcoming public hearing on Form 3520-A Form 3520. Public Hearing] n for A public hearing on these proposed regulations has been scheduled for August 21, 2024, at 10 a.m. ET. Requests to speak and outlines of topics to be discussed at the public hearing must be received by July 8, 2024. If no outlines are received by July 8, 2024, the public hearing will be cancelled. Requests to attend the public hearing must be received by 5:00 p.m. ET on August 19, 2024. -https://www.federalregister.gov/docum...