Form 3520-A Is Due March 15: Extending It With Form 7004

Two returns, two deadlines

A foreign grantor trust with a U.S. owner usually produces two filings each year. The trust files Form 3520-A under IRC § 6048(b). The owner reports their ownership on Form 3520, Part II. Each has its own deadline and its own extension form.

When a due date falls on a weekend or legal holiday, it moves to the next business day under IRC § 7503. A fiscal-year trust uses the 15th day of the 3rd month after its own year ends. For other years, see Form 3520 & 3520-A Due Dates by Year. For the owner’s side, see How to Extend Form 3520.

Why March 15 catches people out

• It is the trust’s return, not the owner’s. The deadline follows the trust’s tax year, so it falls a month before the owner’s Form 1040 and Form 3520.
• The owner’s extension doesn’t reach it. The Form 3520-A instructions are blunt: an extension of time to file an income tax return does not extend the time to file Form 3520-A. You must file Form 7004 using the foreign trust’s EIN.
• The trustee often doesn’t know the form exists. Foreign banks, trust companies, and plan administrators rarely file U.S. information returns. In practice the U.S. owner’s preparer is often the only person tracking the date.
• The owner needs the trust’s statements first. The owner reports trust income on their own return from the Foreign Grantor Trust Owner Statement. A trust that misses March 15 usually holds up the owner’s return too.

Completing Form 7004 for Form 3520-A

Form 7004 is a one-page application with no signature line. Use a separate Form 7004 for each trust and each year. For a Form 3520-A, the entries are short:

No EIN yet? Form 7004 has to carry the trust’s EIN, so apply for one on Form SS-4 well before March 15. Foreign trusts generally can’t use the online EIN application. The substitute Form 3520-A guide covers getting an EIN for a foreign trust.

When the trust later files its Form 3520-A, check the “Extension filed” box at the top of the form.

Filing the Form 7004

On paper

Mail the Form 7004 for a Form 3520-A to:

Mail it by the due date with proof of mailing, such as USPS certified mail. A private delivery service can’t deliver to a P.O. box; check the Form 7004 instructions for the street address before using one. Keep a copy of the form and the mailing receipt in the client file.

Electronically

Form 7004 with code 27 can be e-filed through IRS Modernized e-File (MeF) using software that supports it. The IRS acknowledgement is the proof of filing. Not every professional tax suite produces a code 27 extension; see why tax software struggles with Form 3520.

Agena Software prepares the Form 7004 for each Form 3520-A now, ready to print and mail. Direct e-filing of Form 7004 follows once IRS testing is complete.

When the trustee won’t file

Many foreign trusts never file Form 3520-A. The trustee may refuse, may not answer, or may be a foreign financial institution that doesn’t recognize the form. The penalty for the trust’s failure falls on the U.S. owner under IRC § 6677(b), so the owner can’t simply wait.

The rescue is the substitute Form 3520-A. The U.S. owner:

1. completes Form 3520-A to the best of their ability, including the Foreign Grantor Trust Owner Statement and Beneficiary Statement;
2. checks the “Substitute Form 3520-A” box at the top;
3. signs it, with their own name and TIN on the “Title” line; and
4. attaches it to their Form 3520.

The substitute is due with the owner’s Form 3520, including extensions, not on March 15. Under the Form 3520-A instructions, a substitute completed to the best of the owner’s ability and attached to a timely Form 3520 is considered timely filed. The owner must also give the owner and beneficiary statements to the trust’s U.S. owners and U.S. beneficiaries by the Form 3520 due date.

So when does Form 7004 matter? The owner doesn’t need one for a substitute: the owner’s own income tax extension carries the Form 3520 and the attached substitute. File Form 7004 when the trustee will file a standalone Form 3520-A but needs more time. If it is still unclear in early March whether the trustee will file, a timely Form 7004 keeps the trust’s own deadline open to September 15. The substitute route remains available either way.

See the substitute Form 3520-A walkthrough. Some tax-favored foreign retirement and savings trusts are exempt from Form 3520 and 3520-A reporting under Rev. Proc. 2020-17. For Canadian accounts that don’t qualify, see the TFSA, FHSA and RESP guide.

If March 15 has passed

• There is no late Form 7004. The Form 3520-A instructions require it by the 15th day of the 3rd month after the trust’s year ends. A Form 7004 filed after that date doesn’t extend anything.
• The substitute route is still open. If the trustee hasn’t filed, the U.S. owner can attach a substitute Form 3520-A to a timely Form 3520 (April 15, or October 15 with an extension). Under the instructions, that substitute is considered timely.
• If the trustee files late anyway, file as soon as possible and document the reasons for the delay. Reasonable cause is decided case by case; see the Form 3520 penalty and reasonable cause guide.
• If both returns are already late, review the options in late Form 3520: streamlined versus delinquent procedures.

February checklist for Form 3520-A clients

• Confirm the trust’s tax year and its exact Form 3520-A due date.
• Confirm the trust has an EIN, and apply now if it doesn’t.
• Ask the trustee in writing whether they will file Form 3520-A and furnish the owner and beneficiary statements. Keep the reply.
• If the trustee will file but needs time, file Form 7004 (code 27) by March 15 and keep proof of filing.
• If the trustee won’t file, plan the substitute Form 3520-A with the owner’s Form 3520, and extend the owner’s return if needed.
• Collect the trust’s year-end statements: income, balance sheet values, and distributions.
• Calendar September 15 for the extended Form 3520-A, and the owner’s Form 3520 date.

Frequently asked questions

Does Form 4868 extend Form 3520-A?

No. Form 4868 extends the owner’s individual income tax return and, with it, the owner’s Form 3520. Form 3520-A is the trust’s return and is extended only by a Form 7004 with form code 27, filed under the trust’s EIN by the original due date.

Can Form 7004 for Form 3520-A be e-filed?

Yes. Form 7004 with code 27 can be e-filed through IRS Modernized e-File using software that supports it, or filed on paper. Form 3520-A itself is still filed on paper.

Does the U.S. owner need a Form 7004 for a substitute Form 3520-A?

No. A substitute Form 3520-A is attached to the owner’s Form 3520 and is due on the Form 3520 due date, including extensions. The owner’s income tax extension, such as Form 4868, covers it.

Sources and filing references

This article uses the December 2025 Instructions for Form 3520-A and the December 2025 Form 7004. Check the current IRS instructions before filing.

• IRS Instructions for Form 3520-A · Local instructions PDF
• IRS Form 7004 and Instructions for Form 7004
• IRC § 6048 · IRC § 6677
• Rev. Proc. 2020-17