pk
Level 15
Level 15

Get your taxes done using TurboTax

@DocNyr , 

As I understand the situation -- 1. you and your wife are both US persons ( citizen / Green Card /Resident for Tax purposes); 2. You both live in the USA and have been here for the whole of 2021;    3. You file jointly - MFJ;         4. Your wife inherited  some stocks   with a fair market value ( at the time of death of the decedent  ) of US$190,000;      5. She has also received  dividends  from the said stocks  of  US$4300;   6. There is no informational return for the dividends -- just the receipt notice from the  brokerage and the funds deposited to your  joint bank account ( in the US or UK ? ).   Yes ?

 

Here you have  at least three items  to consider:

 

First the easy one  -- the treatment of the dividend:   Because of the absence of the form 1099-DIV, you have to follow the suggestions  listed earlier -- you report just like it was  received  from a US entity but with missing 1099-DIV.  You tell TurboTax you have dividends to report --- ordinary / total dividend of  US$4300.  If you paid foreign taxes ( HM taxes  ) then you can use the safe harbor ( hopefully) to claim that tax as a credit against the  tax on the  dividend income.   As suggested use a dummy 1099-div  to fill out , so  filling out for TurboTax  is facilitated.

Second : The treatment of the inheritance.

 (a)  You report this on form 3520.  Here is a reference on this :>>             https://www.irs.gov/forms-pubs/about-form-3520.  There is  no tax consequence now.   However, you are establishing your basis in the asset on 3520.  So when she  sells the asset, her gain would be based on this basis value -- so you need to keep record of this ( IRS generally will use form 3520   for this ).

Note that this is reported  as received by your spouse  but on a joint return. The ownership generally is your wife's unless the state laws require  it to be regarded as a marital asset and therefore jointly owned.

(b) Because this is a foreign asset ( the stock so owned is not traded in the  USA, held in a brokerage account  abroad -- not a foreign branch of a US brokerage )  it comes under FATCA regulations --  here is more on this --->https://www.irs.gov/businesses/corporations/do-i-need-to-file-form-8938-statement-of-specified-forei...

So you do have to report this on form 8938.  TurboTax will walk you through this .  There is no tax consequence.

(c) If you  own or have signature authority over one or more accounts in a financial institution  ( bank or a brokerage  cash account) then these come under FBAR purview --- the threshold  is US$10,000.  If in doubt  take the easy path a  file FBAR form 114 at www.fincen.gov.   

Note this is separate from your tax return -- does not go to the IRS.  Here is more on this -->  https://www.fincen.gov/sites/default/files/shared/FBAR%20Line%20Item%20Filing%20Instructions.pdf

 

Thus to your questions what forms to file -----1.  form 3520 to report the receipt of inheritance;  2. form 8938 to report the  holding of foreign asset in a foreign financial institution / brokerage.  These are with your return and therefore using  TurboTax.  3. you may also have to report FBAR at www.fincen.gov , depending on  facts and circumstances  -- not because of the inheritance itself or the ownership of foreign assets/ stocks.

 To your question on reporting  foreign dividends ---- use TurboTax to report dividends  as if you had a 1099-div as discussed earlier. May have to take credit for  taxes paid to HM ( if ).

 

Does this  cover your queries ?  Is there more help you need ?

 

To your last questions/ comment  in the post script ---- this is tax code designed by committee whom are beholden to  all and sundry interests -0- hence the compilations.   No respite in sight.

 

pk

 

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