IRS Rules On Mexican Fideicomiso

Should you file 3520 and 3520A to pay taxes on your fideicomiso with the IRS or not? That has been the question For the last eight years or so that the IRS has been asked to make a ruling on it.They still have not done that but this week they did make what’s called a private letter ruling on it.

The private letter ruling stated that the taxpayer who applied for the ruling was not required to file the Forms 3520. However, this ruling only applies to the taxpayer who asked for the ruling. The IRS is not bound to apply this ruling to anyone else.

For any taxpayer to be completely certain they do not have to file these forms, the IRS would need to make a written public announcement that such filing was not required, and they haven’t done that, preferring to keep us all in limbo. But this ruling seems to speak to which way that wind is blowing concerning calling a fideicomiso a taxable trust.