Proposed Regulations Exempt Qualifying Dual Residents from Form 3520 Filing Requirements

The U.S. Treasury Department and IRS released proposed regulations (REG-124850-08) to guide the reporting of transactions with foreign trusts, large foreign gifts, and loans and property use from foreign trusts. These regulations also amend rules for foreign trusts with U.S. beneficiaries and provide special rules for dual resident and dual status taxpayers in the U.S.

These regulations apply to transactions and gifts for tax years starting after the final regulations are published. However, taxpayers can rely on these proposed regulations for tax years ending after May 8, 2024, if they consistently apply them in their entirety until the final regulations take effect.

Form 3520 is used to report certain transactions with foreign trusts and large gifts or bequests from foreign persons. Noncompliance with Form 3520 can result in significant penalties.  For failing to report a foreign trust or gift, the penalty is the greater of $10,000 or 35% of the gross reportable amount of the trust or gift.

The proposed regulations provide special rules for a “dual resident taxpayer” (a foreign national considered a resident of both the U.S. and a treaty country under each country's internal laws). A dual resident taxpayer, who computes U.S. income tax liability as a nonresident alien and complies with specific filing requirements, is exempt from the Form 3520 filing requirement for any covered gifts received during the period they are treated as a nonresident alien. This exemption ensures that these taxpayers do not need to report such gifts on Form 3520 while they are considered nonresidents.

IR-2024-12: Treasury and IRS Temporarily Exempt Digital Asset Transactions from Cash Reporting Requirements

The Treasury Department and the IRS have issued an announcement, under IR-2024-12 dated January 16, 2024, stating that businesses are not required to report the receipt of digital assets in the same way they report cash transactions over $10,000. This directive follows the Infrastructure Investment and Jobs Act, which expanded the definition of cash in section 6050I of the Code to include digital assets. However, the implementation of this provision awaits the issuance of specific regulations by the Treasury and IRS.

The current rules for reporting cash receipts over $10,000 on Form 8300 remain unaffected by this announcement. The upcoming regulations will detail the procedures for reporting digital asset transactions and will provide opportunities for public comment and participation in a public hearing.

In the meantime, transactions involving digital assets are exempt from the reporting requirements applicable to cash transactions of similar amounts. This transitional guidance will remain until the necessary regulations are published.