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Form 8938 for South Bend Indiana: What You Should Know
F), section 3113: PART II—PREMISES AND TRANSFERS OF PROPERTY BY A NONRESIDENT OF THE UNITED STATES; The form is filed with the U.S. Treasury Department and should be filed electronically, and not on paper. The Form is required from the “qualifying United States resident.” To qualify, the taxpayer must own property, such as real estate located in an IRC territory which is not a U.S. possession, for one year in addition to a tax year prior to the most recent tax year for which the taxpayer should file Form 8938. As of late 2016, this is a requirement effective February 1, 2017. Form 8938 is a mandatory report under the United States Internal Revenue laws as an annual statement for 2017. The requirement came into effect on February 1, 2017. However, the requirements for Form 8938 will remain in effect until the end of 2018. There is no way to avoid Form 8938 (at least for this year), it is the law. Form 8938 provides taxpayer information on foreign investments by U.S. and foreign individuals. Foreign investments can be foreign real estate holdings or holdings which are related to foreign real estate holdings. As most of your foreign tax haven business is in property located and controlled by you, a majority of your nonresident property will probably fall under this description. However, foreign real estate holdings are often included in a company's financial situation or its assets, although this requirement has been phased out in order to reduce the possibility that Form 8938 will make foreign investment in U.S. property difficult to report. There is also a category of nonresident persons (individuals residing outside the U.S. or foreign corporations incorporated outside the U.S.) in which the requirement is triggered by ownership of a majority of the nonresident person's foreign investments as shown for the current reporting year: Foreign financial assets of an individual in excess of 5,000,000 Foreign financial assets of any foreign government in excess of 50,000,000 Any foreign real estate holding of an individual of any size except for those not being controlled by that individual. In order to qualify under the foregoing provisions, certain requirements are met for the ownership of an asset (real property or other) which, while not owned as a principal residence, is primarily held for investment purposes.
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