Form 3520-A is the annual information return of a foreign trust that has at least one U.S. owner under the grantor trust rules. The trust files it by the 15th day of the 3rd month after its tax year ends, and the U.S. owner is responsible for making sure it's filed: if the trust doesn't file, the owner must attach a substitute Form 3520-A to their own Form 3520.
Everything here comes from the IRS Instructions for Form 3520-A (Rev. December 2025), used with the December 2023 form, as of October 2026.
3520-A versus 3520
| Form 3520-A | Form 3520 | |
|---|---|---|
| Who files | The foreign trust (signed by its trustee) | The U.S. person: owner, beneficiary or gift recipient |
| What it reports | The trust, its U.S. beneficiaries and U.S. owners | The person's transactions with foreign trusts and certain foreign gifts |
| Due date | 15th day of the 3rd month after the trust's year ends | With the person's own return, such as April 15 for individuals |
The two forms work as a pair. A calendar-year trust's 3520-A is due March 15, about a month before the owner's Form 3520.
What a complete 3520-A includes
- The return itself, signed by the trustee, or by a partner, LLC member or listed corporate officer if the trustee is an entity.
- The Foreign Grantor Trust Owner Statement, pages 3 and 4.
- The Foreign Grantor Trust Beneficiary Statement, page 5.
- Copies of those statements furnished to the U.S. owners and U.S. beneficiaries by the same due date.
Only a complete Form 3520-A counts as timely filed, and it's complete only if every required attachment is included. Everything must be in English with amounts in U.S. currency. The address is Internal Revenue Service Center, P.O. Box 409101, Ogden, UT 84409.
The extension trap
Extending your personal income tax return does not extend Form 3520-A. The trust needs its own extension on Form 7004, filed using the foreign trust's employer identification number by the 15th day of the 3rd month after the trust's year ends.
Penalties land on the U.S. owner
If the trust fails to file on time, or leaves out or gets wrong the required information, the U.S. owner faces an initial penalty of the greater of $10,000 or 5% of the gross value of the portion of the trust treated as owned by that person at the close of the year, as of October 2026. Further penalties follow if the failure continues more than 90 days after the IRS mails a notice.
The escape route is the substitute form. If the owner completes a substitute Form 3520-A, to the best of their ability, and attaches it to their Form 3520 by the 3520 due date, it's treated as timely and avoids the penalty for the trust's failure. A substitute is signed by the U.S. owner, with their name and TIN on the Title line.
Keeping the owner's return consistent
The U.S. owner's and U.S. beneficiaries' returns must match the Form 3520-A the trust filed. Anyone treating an item differently must report the inconsistency on Form 8082. A paid preparer must sign the 3520-A, give their PTIN and hand a copy to the trustee or U.S. owner. These instructions are a continuous-use revision, used for 2025 and later years until the IRS issues a new one, and a trust with a fiscal year enters the calendar year in which that year begins.
Trusts that don't need a 3520-A
- Canadian registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) that qualify under Rev. Proc. 2014-55.
- Certain tax-favoured foreign trusts set up mainly for pension, retirement, medical, disability or educational benefits under Rev. Proc. 2020-17.
- Similar trusts covered by the proposed section 6048 regulations, if you rely on them in full and consistently.
These exemptions don't switch off other reporting. FBAR and section 6038D reporting, such as Form 8938, can still apply to the same accounts.
The U.S. agent question
A foreign trust can appoint a U.S. person as its authorized U.S. agent, limited to IRS requests and summonses for trust records or testimony. A U.S. grantor, a U.S. beneficiary or a domestic corporation they control can be the agent, but only if the agent's name, address and TIN are entered on lines 3a to 3g of Part I. Without an agent, the IRS may redetermine the amounts the U.S. owner has to take into account. If the agent resigns, liquidates or dies, the owner must make sure the trust files an amended Form 3520-A within 90 days.
The verdict
If you're treated as owning any part of a foreign trust, put the trust's March 15 deadline in your diary alongside your own return. Ask the trustee for the filed 3520-A and your owner statement early, and if it isn't coming, prepare the substitute with your Form 3520. The penalty is too large to leave this to the trustee alone.
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Frequently asked questions
What is Form 3520-A?
It's the annual information return of a foreign trust with at least one U.S. owner, reporting the trust, its U.S. beneficiaries and its U.S. owners.
When is Form 3520-A due?
By the 15th day of the 3rd month after the end of the trust's tax year, which is March 15 for a calendar-year trust.
Who signs Form 3520-A?
The trustee of the foreign trust. A substitute Form 3520-A is signed by the U.S. owner.
What is the penalty for not filing Form 3520-A?
The U.S. owner faces the greater of $10,000 or 5% of the gross value of the portion of trust assets they own, as of October 2026, with more if noncompliance continues.
Does a personal tax extension cover Form 3520-A?
No. The trust must file Form 7004 using its own EIN to extend Form 3520-A.
Do Canadian RRSPs need Form 3520-A?
Qualifying RRSPs and RRIFs are exempt from foreign trust information reporting under Rev. Proc. 2014-55.
Where do I mail Form 3520-A?
To the Internal Revenue Service Center, P.O. Box 409101, Ogden, UT 84409. A substitute 3520-A goes with the owner's Form 3520 instead.
What is a substitute Form 3520-A?
A Form 3520-A the U.S. owner completes and attaches to their own Form 3520 when the trust doesn't file, which avoids the penalty for the trust's failure if it's on time.
Does Form 3520-A replace FBAR?
No. The exemptions and the 3520-A itself don't affect FBAR or section 6038D reporting, which can still apply.
