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South Dakota Form Instructions 8938: What You Should Know

Form 1040. The tax is withheld for amounts under 400. For a Form 1040, the tax is withheld for amounts over 400. The FAR must be filed within 5 years of the date the trust is created. The tax may be paid by installments or all of the taxes may be paid in one tax year without a claim for refund. The IRS publishes “Fin CEN Form 114” on its website. The form looks similar to Form 8938 and provides instructions for filing the tax return. The IRS has taken the position that the name of the trust does not appear on the form. It does not matter, however, if other entities own the trust property or if other entities own the shares of the trust. An individual or an estate that owns shares of a trust, but the trust is not listed as the beneficial owner of the shares on the Form 8938, must report the trust as a specified foreign financial asset and pay the applicable tax on any income the individual or estate may earn from the trust property. The individual or estate must also report on the Form 114 the ownership of the shares of the trust, as well as the amount paid each year to satisfy the reporting threshold. The ownership by the trusts of specified foreign financial assets will be entered on Form 8938.

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