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JFS0409
Returning Member

Form 3520

I am confused with the filing of the form 3520. I have received a property in exchange for taking care for my parent living abroad. In 2018 the value of the property was less than $100K. So at that time I did not report it to the IRS form 3520, as the value was less than required. I have kept the said property until my parent passed away (parent was living there until death). I have used this property for vacation purposes for more than 5 years, the time which is required by the foreign law to keep it or pay sale tax. This year I will be selling the property for slightly more than 100K. Do I report this as a gift in the next tax year? 

My logic tells me that I have received a property of lesser value at the time of transfer. So I believe I do not have to report it to the IRS but wanted to make sure. Please help!

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4 Replies
MarilynG1
Expert Alumni

Form 3520

If you have an appraisal (or other documentation) of the property as being under 100K in value when it was gifted to you, you don't need to file Form 3520.

 

Here's IRS Instructions for Form 3520

 

In TurboTax, here's How to Enter Sale of Second Home, Inherited Home or Land.

 

 

 

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pk
Level 15
Level 15

Form 3520

@JFS0409 , while generally agreeing with the excellent reply from @MarilynG1 , if this was a transfer from a foreign individual ( NRA), the basis of the property  for you is still the basis of the donor -- so while FMV  may impact the  3520 regs , the  sale and profit/loss is based on  the donor's basis at the time of the gift.  Generally  3520 is dealing with cash gifts from international donors.

 

 

pk

JFS0409
Returning Member

Form 3520

Thank you for your comment, I truly appreciate it. I feel way better when some second opinions are laid on the table, as anyone can and should make decisions based on best information and facts. Decisions truly affect any human being involved for decades to come. Thank you once again.

JFS0409
Returning Member

Form 3520

Thank you so very much for your input. You do not even realize how much I truly appreciate it. May God Bless you!

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