IRS changes late foreign gift reporting penalties

The IRS has announced changes to its penalty assessment procedures for late-filed Forms 3520 and 3520-A, which are required to report large foreign gifts or inheritances.

Under Section 6039F, U.S. recipients of such gifts must file an information return with the IRS. However, because these gifts and inheritances are generally tax-exempt, many taxpayers are unaware of this requirement.

Historically, taxpayers filing the form late have faced steep, automatically assessed penalties — up to 25% of the gift or inheritance’s value — even when no tax was due. This often resulted in significant financial burdens for individuals unaware of their filing obligations.

At the UCLA Tax Controversy Conference, IRS Commissioner Danny Werfel announced a significant shift in this practice. Starting by the end of the year, the IRS will no longer automatically assess penalties for late-filed Forms 3520 and 3520-A. Instead, the IRS will review any reasonable cause statements attached to these late filings before determining whether to impose penalties.

This change provides taxpayers the opportunity to explain their circumstances and potentially avoid penalties if they can demonstrate a reasonable cause for the delay. The update marks a critical step in addressing concerns about fairness and compliance for taxpayers navigating complex international reporting requirements.