Foreign gift reporting

A U.S. person who receives more than 100,000 dollars in gifts or bequests from a foreign individual in a year, or a smaller inflation-adjusted amount from a foreign corporation or partnership, must report it on Form 3520, even though the gift itself is not taxable.

The penalty for not reporting is 5 percent of the gift per month, up to 25 percent, assessed automatically. An inheritance from a parent abroad is the most common trigger.

Why it matters: the gift is tax-free and the penalty for silence is enormous. See Form 3520.

Where this comes up in our work

International tax attorneys

FBAR, FATCA, streamlined procedures, voluntary disclosure, and foreign trust and gift reporting.

See the practice page →

Have a question about this?

Our tax attorneys handle IRS audits, crypto tax, offshore disclosures, and opinion letters for clients nationwide. Consultations are confidential.

Definitions are general information, not legal advice, and may not reflect the most recent changes in law.