How to contact IRS after their letter indicating 3520 error?
Moderator: Mark T Serbinski CA CPA
@Filo
It's actually 1973 North Rulon White Blvd., Ogden, Utah, 84404. I sent my return with letter and the IRS form that came with the 3520 error letter by International Canada Express Post so I could get a signature. I also put each year in a separate envelope within the Express Post envelope. (On a call to the IRS, I was told if sending multiple year returns to do this) I noticed on the tracking information that the package went to the zip code that I mailed it to, then was sent on to the zip code given in the IRS error letter. Hope that makes sense.
It's actually 1973 North Rulon White Blvd., Ogden, Utah, 84404. I sent my return with letter and the IRS form that came with the 3520 error letter by International Canada Express Post so I could get a signature. I also put each year in a separate envelope within the Express Post envelope. (On a call to the IRS, I was told if sending multiple year returns to do this) I noticed on the tracking information that the package went to the zip code that I mailed it to, then was sent on to the zip code given in the IRS error letter. Hope that makes sense.
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I received my dreaded letter from Ogden today:
"Dear Taxpayer:
"You answered, "No" to the question on Line 3, Page 1 of Form 3520. Therefore, you must complete Lines 15 through 18. Please complete Form 3520 and send it to us with a copy of this letter."
Problem is, I answered "Yes" to the question.
I'm not sure what to do now. Send a reply pointing out their error, I guess?
"Dear Taxpayer:
"You answered, "No" to the question on Line 3, Page 1 of Form 3520. Therefore, you must complete Lines 15 through 18. Please complete Form 3520 and send it to us with a copy of this letter."
Problem is, I answered "Yes" to the question.
I'm not sure what to do now. Send a reply pointing out their error, I guess?
That sucks! Did your letter happen to mention anything about 3520A needing to be provided? Mine said something about it in addition to the answered questions being "unanswered". I wondered if the 3520A was really the problem and I needed to actually staple the 3520 and 3520A together. A few weeks after the first letter, I later received a letter saying I needed to sign the 3520A (even though I am not the trustee but the owner). If you had stapled it all together and signed, I don't know what else you can do but spell it out to them in a letter and resend the return. Good luck. I'll post if I ever hear back. Mine went in about April 5.
The question I answered "Yes" to is about the foreign trust appointing an agent. I appointed myself the agent. That means I'm the guy they go to with any questions.
I spoke to a lawyer about it. He is just someone who works in the same office tower I do. I asked him the question on the elevator and was pleasantly surprised at the quick but thoughtful answer he gave me. He said it is not necessary to enter into a binding contract with yourself (and it may not even be possible) because you can ALWAYS represent yourself in any legal situation.
The lines 15 through 18 ask about beneficiaries and trustees and trust documents. I'm drafting a reply that says my TFSA was a simple bank savings account with no trust documents associated. I think maybe that's what they are after.
I spoke to a lawyer about it. He is just someone who works in the same office tower I do. I asked him the question on the elevator and was pleasantly surprised at the quick but thoughtful answer he gave me. He said it is not necessary to enter into a binding contract with yourself (and it may not even be possible) because you can ALWAYS represent yourself in any legal situation.
The lines 15 through 18 ask about beneficiaries and trustees and trust documents. I'm drafting a reply that says my TFSA was a simple bank savings account with no trust documents associated. I think maybe that's what they are after.
That seems like the most likely explanation. I put TD Waterhouse as my US agent. Hope they aren't getting request for documents that don't exist! The IRS already sent TDWaterhouse a letter addressed to my account, not to me, and assigned an identification number. TDWaterhouse just forwarded it to me.
What luck, I come to the Serbinksi forums with a rejected 3520 question and this thread is at the top of the list.
I answered "no" to line 3, mostly because I didn't want the Royal Bank botching any IRS requests, and accordingly I filled out lines 15 through 18, but not to the satisfaction of the IRS.
My answers were:
Line 15(a): "N/A"
Line 16(a): "The Royal Trust Company"
Line 16(b): "Same as 2c"
Line 16(c): "N/A"
Line 17(a): "N/A"
Line 18:
N
Y
N
N
Y
Y
Does anyone have any idea how to fill out lines 15 through 18 to avoid nasty letters from the IRS?
I answered "no" to line 3, mostly because I didn't want the Royal Bank botching any IRS requests, and accordingly I filled out lines 15 through 18, but not to the satisfaction of the IRS.
My answers were:
Line 15(a): "N/A"
Line 16(a): "The Royal Trust Company"
Line 16(b): "Same as 2c"
Line 16(c): "N/A"
Line 17(a): "N/A"
Line 18:
N
Y
N
N
Y
Y
Does anyone have any idea how to fill out lines 15 through 18 to avoid nasty letters from the IRS?
Seems unwarranted error letters for 3520/3520a are pretty common. The american institute of CPA's has sent a letter to Schulman at the IRS asking that this be looked into. Here is the letter
http://www.aicpa.org/InterestAreas/Tax/ ... mitted.pdf
http://www.aicpa.org/InterestAreas/Tax/ ... mitted.pdf