3520-8621 start dates

[djohnson]

I read recently that the IRS has decided in 2011 that RESP's and TFSA's are considered trusts and mutual funds are corporations. Therefore, if an American in Canada hypothetically never filed a US return and wants to come clean, from what point on do they need to file these forms.

Would the years 2005-2010 be acceptable to not file these forms as the IRS position at the time was that it was not necessary and only file these forms going forward.
Alternatively, now that the IRS holds that those forms are necessary would someone need to use those forms for RESP's going back to 2005 and TFSA's back to 2009?
Would mutual funds holders need to file form 8621 going back to 2005 or could that be done prospectively only.
Another possibility is, if mutual funds used to be considered trusts until 2010, would it be required to file form 3520 for mutual fund investments prior to that time.

Thanks,

[blairgoates]

You have asked a great question and I hope we get some replies.

[nelsona]

There is plenty of threads on this already, so browse away