DianeW777
Expert Alumni

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It depends.  Foreign retirement, pension, and savings accounts (including Canadian TFSAs and RCAs) are within the category of foreign trusts that are subject to Form 3520/Form 3520-A filing and therefore are subject to penalties for failure to timely file.

 

You may need to complete Form 3520  if you have the following:

  1. You are the responsible party for reporting a reportable event that occurred during the current tax year, or you are a U.S. person who transferred property (including cash) to a related foreign trust (or a person related to the trust) in exchange for an obligation or you hold a qualified obligation from that trust that is currently outstanding. 
  2. You are a U.S. person who, during the current tax year, is treated as the owner of any part of the assets of a foreign trust under the rules of sections 671 through 679
  3. Your aggregate gifts were more than $100,000

There are two main categories of trusts: 

  1.  Grantor trusts: The grantor is taxed on the income
  2.  Non-grantor trusts: The initial grantor or settler is not considered the owner of the trust and therefore is not subject to US tax on the income.

@bogao3037 

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