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United States

Form 3520

Annual Return to Report Transactions with Foreign Trusts

Who Must File

US persons who are treated as owners of a foreign trust, receive distributions from a foreign trust, or make transfers to a foreign trust (including TFSA and RESP contributions).

Deadline

April 15 (extensions available with Form 1040 extension)

Penalty

Greater of $10,000 or 35% of the gross reportable amount for each failure

Step-by-Step Filing Instructions

  1. Determine which Canadian accounts are treated as foreign trusts (TFSA, RESP, certain RRSPs).

  2. Gather account statements showing contributions, distributions, income, and year-end balance.

  3. Complete Part I if you transferred property to a foreign trust (TFSA contributions).

  4. Complete Part III if you received distributions from a foreign trust.

  5. Attach Form 3520-A or a substitute statement for each trust.

  6. File separately from your Form 1040 with the IRS Ogden, UT service center.

Tips & Best Practices

  • The IRS treats a TFSA as a foreign grantor trust owned by the Canadian account holder.

  • Form 3520 is filed separately, not attached to Form 1040.

  • Consider dissolving your TFSA before becoming a US tax resident to avoid ongoing reporting.

  • The penalty for non-filing is severe; prioritize this form if you have a TFSA.

Frequently Asked Questions

Is my TFSA really a foreign trust?

Yes. The IRS treats TFSAs as foreign grantor trusts because they are not recognized under the Canada-US Tax Treaty like RRSPs are.

Do I file 3520 for my RRSP?

Generally no, if you have made a timely treaty election to defer RRSP income. However, if the RRSP holds non-standard investments, consult a professional.

What is the substitute statement for Form 3520-A?

Since Canadian trustees do not file 3520-A, US owners prepare a substitute statement containing the trust information required by the form.

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