pk
Level 15
Level 15

Deductions & credits

@MJ154 ,   I am sorry for your loss.

On the 3520, you can either  file it with a note explaining that  it was an error and  mail it to the address   shown on the form.  TurboTax does not support this form., if the valuation of the asset was above US$100,000.    You can also ignore this  and take the risk that IRS does not check on this   ( this is because when you recognize the disposition of the asset on your 2023 filing , you will need to answer how you acquired the foreign asset). Either way it is risk but I like the first option better.

A point to note is the condition under which  your father gifted you the asset --- if there was stipulation that  you cannot do certain things ( like sell ) till your father has passed  -- in the US this  Life Estate -- then the gift  is constrained  and therefore  not quite  a gift till the passing of the donor.  In such a case I would argue that the  basis should be the FMV at the time of passing ( whether he used  it or not ).

If that is the case you should perhaps consulta tax attorney to be able to homologate   Polish and US laws.

 

If not , then my earlier statements stand.

 

Is there more I can do for you ?

 

BTW -- if this has answered your query, please accept the answer so the thread closes.

 

 

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