Form 3520 Penalty Appeal
Form 3520 Penalty Appeal: When the IRS issues a penalty for not timely or accurately filing a Form 3520, the penalties can be tough. When it comes to foreign gifts, the penalty is usually 25% of the value of the gift. When it comes to trusts, the penalties stagger based on the type of trust transaction involved. When a person receives a Form 3520 Penalty, it is usually in the form of a CP15 Notice. And, in recent years, the IRS has begun aggressively issuing automatic assessment of penalties.
When a U.S. Person receives a Form 3520 Penalty, they have a limited time to respond.
What are the Form 3520 Penalty Appeal procedures?
Appealing a Form 3520 Penalty
Like most people, the Form 3520 penalty will arrive by way of a CP15 Notice. That notice provides very specific time requirements in order to respond. Usually, the taxpayer will be granted 30-days to respond.
Time to Respond to the Penalty Notice
The standard language on the back of a CP15 Notice is as follows:
“If you wish to appeal this penalty, send the IRS at the address shown on page 1 of this notice a written request to appeal within 30 days from the date of this notice.
Your request should include any explanation and documents that will support your position.
Your explanation should reflect all facts that you contend are reasonable cause for not asserting this penalty.”
A very important phrase in this penalty notice is that the 30-days runs from the date of the notice, and not the date you receive it.
Written Request to Appeal
Preparing the written request to appeal is the most important document. It will be the primary document associated with your appeal request. It is crucial that the letter effectively captivates the facts and circumstances, along with why the IRS should abate your penalties.
Late Filing Form 3520 Specialist Team
Our firm specializes exclusively in international tax, and specifically IRS offshore disclosure, including help clients with late reporting of Forms 3520 and 3520-A.
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Generally, experienced attorneys in this field will have the following credentials/experience:
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