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ashs
Level 2

Form 3520 line 56 yes or no

My parents sent me money that exceeded $100k so I'm filing 3520. They sent it in several transfers, some of which are sent by their friends (to avoid currency limitation in their country). So it's their money, but transferred by their friends. 

 

From my understanding, for Line 56 "Do you have any reason to believe that the foreign donor, in making any gift or bequest described in lines 54 and 55, was acting as a nominee or intermediary for any other person? If “Yes,” see instructions",  I should check "YES".  Is this correct?

 

2nd question, do I need to provide anything to explain my "YES"? In the instruction it only says 

"If you answered “Yes” to the question on line 56 and the ultimate donor on whose behalf the reporting donor is acting is a foreign corporation or foreign partnership, attach an explanation including the ultimate foreign donor's name; address; TIN, if any; and status as a corporation or partnership."  My parents' friends sent money just as individuals. It wasn't a corporation or partnership. So do I just not explain anything? 

 

Thank you so much in advance for reading my message and providing answers. 

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1 Reply
Vanessa A
Expert Alumni

Form 3520 line 56 yes or no

I should check "YES".  Is this correct?  No.  You are only to answer yes if "you treated as gifts from foreign corporations or foreign partnerships (or any foreign persons that you know (or have reason to know) are related to such foreign corporations or foreign partnerships)" Instructions 3520  Since it came from your parents, unless they were acting as a corporation, you would answer no. 

 

"If you answered “Yes” to the question on line 56 and the ultimate donor on whose behalf the reporting donor is acting is a foreign corporation or foreign partnership, attach an explanation including the ultimate foreign donor's name; address; TIN, if any; and status as a corporation or partnership."  My parents' friends sent money just as individuals. It wasn't a corporation or partnership. So do I just not explain anything?   No, you do not need to include an explanation since the money was coming from your parents and not a corporation. 

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