form 3520 inheritance

Not everyone who is a US person and receives a gift from a foreign person will have to file Form 3520. A gift from a foreign business. In the case of a failure to timely report foreign gifts described in section 6039F, the IRS will determine the income tax consequences of the receipt of such gift, No penalty will be imposed if the taxpayer can demonstrate that the failure to comply was due to reasonable cause and not willful neglect. It may also be necessary if filing a state return or planning a move. The IRS Form Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts in accordance with Internal Revenue Code Section 6039F is a deceptive international information reporting form. If you’re physically carrying cash over $10,000 into the US, or having a large payment couriered to you, you’ll need to declare it using FinCEN Form 105.¹⁰. In computing the $100,000 threshold, you would consider your parents as one because they are married. Alternatively, if they received two gifts from the same person each valued at $55,000 USD each, then they would have to report the total amount of $110,000 in foreign gifts. There are three (3) main different thresholds: Gift from a Foreign Person: More than $100,000. Form 3520 How to Report Foreign Trusts and Certain Foreign Gifts. Penalties on Form 3520 If you fail to file Form 3520 or file the form with missing or incorrect information, penalties will be assessed by the IRS. Found inside – Page 159Question 4 The estate or trust may be required to file Form 3520 , Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts , if : • It directly or indirectly transferred property or money to a ... ... Inheritance you received from abroad from a non-resident alien is reported on the form 3520 Also, this inheritance will not be taxed right? purposes only and may not reflect the most current legal developments. Foreign Corporation or Foreign Partnership, The threshold requirements for having to file a gift received from a foreign corporation or foreign partnership is significantly lower than it is for a foreign person.Â. An official website of the United States Government. The requirement to report the gift, bequest or trust distribution kicks in for assets valued at more than $100,000. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. If you fail to file the form, the IRS can enforce a 35 percent financial penalty. Use you PC or mobile to create documents, edit and save them. There is nothing wrong with picking one rate over the other if the rate is more beneficial to the filer. Large monetary gifts from foreign persons could be needed to be disclosed on Form 3520. A penalty of 5% of the gross value of assets may be assessed for failure to file. See section 6039F for additional information.”. Your registration includes 2 IRS CE as well as: Fill out an online PDF form in a few clicks. Under the new IRS change, taxpayers who file late are immediately assessed a heavy penalty of up to 25% of the foreign gift. Form 3520 is used to report the existence of a gift, trust, or inheritance received from foreign persons. This guide also has tax tables you need to figure the taxes to withhold from each employee for 2017. References to "income tax" in this guide apply only to "federal" income tax. In U.S. Taxes for Worldly Americans, Certified Public Accountant, U.S. immigrant, expat, and perpetual traveler Olivier Wagner shows you how to use 100% legal strategies (beyond traditionally maligned 'tax havens') to keep your income and ... The reporting threshold for gifts received from a foreign individual is significantly higher than the reporting threshold for a gift from a foreign entity. Found inside – Page 216You have to check “yes” and complete Form 3520, Annual Return to Report Transactions With Foreign Trusts and ... If you receive a gift or inheritance from a foreign individual or estate above $100,000, you also have to provide the IRS ... The form is due to be filed at the same time a person files their tax return.Â, If a person files an extension for their tax return, then the time to file Form 3520 also goes on extension.Â, The failure to properly report the form may result in, Form 3520 is technically referred to as the A, *Even if a U.S. person is not required to file a tax return, they mayÂ, US Persons may be required to file this form if they received either. Foreign Inheritance & Form 3520: The IRS Form 3520 is used to report certain foreign transactions involving gifts and trusts. Form 3520 is used to report transactions with foreign trusts and gifts that a US person has received from foreigners or foreign corporations during the current tax year. I received her inheritance $120,000 on 5/12/2018 via wire transfer and received her inheritance $80,000 on 8/23/2018 via wire transfer. Can Form 3520 Inheritance. In general, a U.S. person's Form 3520 is due on the 15th day of the 4th month following the end of such person's tax year for income tax purposes, which, for individuals, is April 15. Designed for estate planning specialists and financial planners, International Estate Planning covers U.S. legal issues affecting estates, such as taxation, conflict of laws, community property and asset protection trusts. A foreign trust distribution *Even if a U.S. person is not required to file a tax return, they may still have to file the form if the gift size exceeds the reporting threshold. If it is $100K or more then you have to file form 3520 at the same time when you file your U.S. tax return. Let’s review the basics of Form 3520: Form 3520 is technically referred to as the Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts. In addition, the Guide seeks to develop workable strategies for the attorney involved with a multijurisdictional client. Both the Internal Revenue Service and the Department of Treasury publish. Treat gifts from foreign trusts as trust distributions you report in Part III of Form 3520. The form is filed separately from your income tax filing, but it is filed at the same time – the form is due on April 15th of the year after receiving the gift or bequest. The due date for filing Form 3520 is the same as the due date for filing your annual income tax return, including extensions. If you're concerned about proving that something was a gift or inheritance, you'd better file IRS Form 3520. Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts – Form 3520 – $400 USD Foreign Trust with a US Owner – Form 3520a – $400 USD Information Return by a Shareholder of a Passive Foreign Investment Company (PFIC) with distributions – Form 8621- $250 USD Rather it would be considered foreign taxable income. Typically, individuals can use any reasonable exchange rate that was published during that tax year. For example, if your mother left you $60,000 in cash and property and your dad also left you $60,000, the inheritance would be reportable. It does not have to be a “Foreign Gift.”. information that must beprovided depends on the kind of transfers made to the trust by the trust grantor or the kind of transfersmade from the trust to the trust beneficiaries. *Unlike receiving a gift from a foreign person in which they do not have to identify the name of the donor, if the gift came from a foreign business then the IRS wants to know the name of the foreign business. Online solutions help you to manage your record administration along with raise the efficiency of the workflows. Despite the fact that the IRS has promulgated many, many laws detailing the difference between a gift and inheritance (for example, “Step-Up Basis”), for Form 3520, they all mush together. If you are a US citizen or resident and you receive gifts or bequests (generally, an inheritance or gift of property by a Will) of money or other property from a foreign (non-US) person or entity, you may need to report these gifts on Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts.Form 3520 is an information return, not … US Persons may be required to file this form if they received either: A gift is not limited to money. The form is required each year by the U.S. grantor of a foreign trust and by anyone who has made a loan to a foreign trust. an inheritance is a gift. If you do not report a foreign inheritance timely or accurately on Form 3520, you may be subject to fines and penalties. The most important filing requirement for an offshore trust with a U.S. owner is Form 3520-A. An offshore trust treated as a grantor trust for U.S. tax purposes must file IRS Form 3520-A each year. Gains, losses and ownership are reported to the IRS on this form. If a U.S. person receives money as a result of investment or services, this would not be considered a gift. In other words, whether a person receives cash from overseas or other items that have cash value — they may be subject to the reporting rules. A series of gifts from the same person. If the inheritance you receive is from a non-American resident or citizen, you only need to report it if it exceeds the equivalent of $100,000. To report your inheritance, you will need to use Form 3520, entitled “Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts. In general, the VDP requires a taxpayer to file 6 prior years’ amended tax returns with applicable correct international reporting forms (including Forms 3520, 8938, 5471, 8621, etc.) Correcting Common Form 3520 Errors. This form is used to declare any transfer of property or gifts that are given by a foreign individual. If you are a U.S. person (other than an organization described in section 501 (c) and exempt from tax under section 501 (a)) who received large gifts or bequests from a foreign person, you may need to complete Part IV of Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, and file the form by the 15th day of the fourth month following … No Article, Blog Post or Page may be reproduced or used without express written consent of Golding & Golding. Therefore, before filing Form 3520, the first step is to evaluate the value of the gifts received. The IRS Form 3520 reports annually information about US persons’ (a) ownership of foreign trusts, (b) contributions to foreign trusts, (c) distributions from foreign trusts and (d) major (USD $100,000+) gifts or inheritances from foreign individuals or foreign estates. Under the IRS Rules, you need to report your foreign inheritance on Form 3520- Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts. Found inside – Page 96Often their inheritance is held in a foreign trust , which has a foreign bank account . ... Many tax compliant taxpayers discover that they failed to file a FBAR , a Form 3520 or a Form 3520 - A . Voluntary disclosure does abate ... Therefore, if you are a U.S. person who receives a gift or inheritance from a Foreign Person, you must report it to the IRS. You’ll have to use FinCEN Form 114 for this report.⁸. Form 3520 is officially the 'Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts'.There are four sections to the form: Part I -Transfers by U.S. form 3520 example. Unrelated to foreign trusts, Form 3520 is also used under IRC section 6039F to report gifts or bequests over $100,000 from a nonresident alien or foreign estate or gifts over $15,671 from a foreign corporation or partnership. No Article, Blog Post or Page may be reproduced or used without express written consent of Golding & Golding. My mother passed away on 2/17/2018 and she was not a U.S resident. ... Estate, inheritance, legacy, succession, and gift taxes; or. About Us; Services. Generally speaking, if you have received a gift of over $100,000 in value from a foreign inheritance, you will have to submit IRS Form 3520 before or on the date of your next income tax return due date. The unfamiliar person, in this case, can be any foreign individual, corporation, trust, or estate that is not a U.S. person. The filing requirements depend on the value of the gift(s) was, and whether the gift was given by a foreign individual, entity, or trust. What is a Board-Certified Tax Law Specialist. In general, Form 3520 is due on the date that your income tax return is due, including extensions. The Form 3520-A, in contrast, is required to be filed on or before March 15 of each year for the preceding year. Form 3520 is used to report the existence of a gift, trust, or inheritance received from foreign persons. Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure.Â. When a U.S. person receives a bequest (inheritance) from a foreign person in excess of $100,000, the transaction requires a Form 3520 filing requirement. And, there is no specific exclusion for not having to report a foreign inheritance gift on form 3520 the same way that a foreign gift from a non-decedent is required. This unique book is a concise but complete tax planning manual for those advising high net worth individuals of the UK, US or any other nationality who have UK or US residence, assets or family members. Form 3520. The reporting of a foreign gift or inheritance is the main catalyst for having to file the form. A foreign gift, bequest, or inheritance that exceeds $100,000 must also be disclosed on a Form 3520. provides an in-depth discussion of the abusive tax avoidance transactions and anti-abuse rules. Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure. 500 financial establishments from 70 international locations. So, why are Foreign Inheritances included in the filing requirements? Such materials are for informational The source of the gift will determine the proper reporting requirements. Although gifts or inheritances from foreign persons are not subject to income tax or an inheritance tax, if the gifts of money or other property are valued over certain amounts, the recipient of the gifts must report them to the IRS on the Form 3520. Contact our firm today for assistance with getting compliant. There are additional foreign asset reporting requirements. International Tax Attorney | IRS Offshore Voluntary Disclosure, Form 3520 is used to report certain foreign transactions involving, s. So, why are Foreign Inheritances included in the filing requirements? Found inside – Page 218If you receive a gift or inheritance from a foreign individual or estate above $100,000, you also have to provide the IRS with the foreigner's name and address. Report this information on Form 3520. You also have to file Form 3520 if ... You will not owe tax. A foreign gift, bequest, or inheritance that exceeds $100,000 from a nonresident must also be disclosed on a Form 3520. form 3520 penalty. form 3520 inheritance 2020-2021. While the form itself is not as complicated as other forms, such as Form 5471 — the penalties for non-compliance are simply outlandish. Found insideProperty received by inheritance, on the other hand, gets a “step up” in its basis to its current value on the date of the owner's death. In both cases, it is important to file Form 3520 for any year when you receive a gift (or combined ... This tax has not been given a name in the Internal Revenue Code. So, why are Foreign Inheritances included in the filing requirements? Owner, About Form 4970, Tax on Accumulation Distribution of Trusts, About Schedule D (Form 1040), Capital Gains and Losses, About Schedule E (Form 1040), Supplemental Income and Loss, About Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), About Form 8865, Return of U.S. Having ownership in a foreign trust and/or receiving a distribution from a foreign trust may require that the U.S. person file form 3520. The penalties for failing to file or late-filing a Form 3520 are often more significant than FBAR penalties. What is a Board-Certified Tax Law Specialist. Ownership of foreign trusts, 3. The form is informational only. Persons With Respect to Certain Foreign Partnerships, Electronic Federal Tax Payment System (EFTPS), Taxpayer Relief for Certain Tax-Related Deadlines Due To Coronavirus Pandemic, Treasury Inspector General for Tax Administration, About Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts. With respect to the foreign trust reporting, if the percentage amount is less than $10,000, then the penalty will be $10,000. If the value of the foreign gift(s) received from a foreign corporation or partnership exceeds $16,388, then the U.S. person is required to report the gift on Form 3520. Ways to protect your inheritance from taxes 26 USC §6039F (a). Persons to a Foreign Trust During the Current Tax Year. Use professional pre-built templates to fill in and sign documents online faster. This would apply primarily when the form is used to report a foreign trust (another use of the form aside from reporting the foreign gift/inheritance). Form 3520 is filed for any U.S. Found inside – Page A-8Foreign Grantor Trust Owner Statement Expenses A copy of this statement ( page 3 of Form 3520 - A ) must be furnished to each U.S. person who is treated as an owner of ... Estate , inheritance , legacy , succession , and gift taxes . The penalties for failing to file Form 3520 on time are equal to the greater of $10,000 or the following: 35% of the gross value of the distributions received from a foreign trust. Certain transactions with foreign trusts, 2. You need to report the entire amount of the inheritance on Form 3520, both financial assets (cash) and real property (house). Form 3520 is filed when a person receives a Gift, Inheritance or Trust Distribution from a foreign person, business or trust. A division of assets under the divorce decree when one spouse is not a U.S. person can result in a Form 3520 filing requirement. Form 3520 & Inheriting Foreign Accounts. Fight Form 3520 Penalties by Challenging the IRS: An Overview of how to Challenge IRS Form 3520 Penalties and Take the Offensive to Abate or Remove Fines. No software downloading and installing. Therefore, I only need to file two forms the 8938 and the TDF90-22.1 and there is no requirement to file 3520? However, Navani says, “It is better to report even if your inheritance is of lower value because it helps to establish a trail of your receipts.” Figuring out when and how to notify the IRS of a foreign inheritance can be a nuanced process. This manual will ensure that the management of massive fatalities forms part of disaster preparedness and response plans, and that it is a fundamental aspect of humanitarian assistance to survivors and rehabilitation and reconstruction ... Reporting Foreign Gifts & Inheritance on Form 3520. Try to print your sample or send it via fax, email and sms. US persons must report the receipt of gifts from No-Resident Alien individuals or foreign estate, if the aggregate amounts of gifts for the year from that individual or estate exceeds $100,000. This form is not a tax return but is meant for information. The reporting of a foreign gift or inheritance is the main catalyst for having to file the form. Form 3520 is filed separately from your income tax return. You should contact an Learn more about the filing requirements with form 3520. Found inside – Page 262You have to check “yes” and complete Form 3520, Annual Return to Report Transactions With Foreign Trusts and ... If you receive a gift or inheritance from a foreign individual or estate above $100,000, you also have to provide the IRS ... That is because. In other words, whether a person receives cash from overseas or other items that have cash value — they may be subject to the reporting rules. IRS Form 3520 Part IV on Page 6 is used to report foreign inheritances/bequests in excess of $100,000. *Unlike receiving a gift from a foreign person in which they do not have to identify the name of the donor, if the gift came from a foreign. That doesn’t mean just cash, either. Certain transactions with foreign trusts. form 3520 inheritance. Taxpayer who receives a foreign gift or inheritance totaling over $100,000 (in cash or any assets) in a calendar year. If you miss the time for response, your options for getting into compliance and disputing the penalty are limited. Miss the time for response, your options for getting into compliance and the... Legal developments has 5 solutions to correct Form 352 0 Errors not limited to.... What do you need to complete a US bank account, you therefore. Is based on the date that your income tax return, including extensions: //ttlc.intuit.com/community/tax-credits-deductions/discussion/question-about-foreign-inheritance-in-form-3520/00/226722 '' > <... Dietary reference values for the U.S. person receives a gift, bequest or trust distribution kicks for... The filer how to transfer inheritance to US from India could result in a %. A Considered a gift gift from a foreign gift or inheritance is the catalyst. - the Form, depending on the date that your income tax receiver must file Form! Out Form 3520 also, this inheritance will not be difficult to distinguish between inheritance and income,. But is meant for information via fax, email and sms in international tax, ownership... Not the transaction was with a foreign trust during the current tax year technically an inheritance is US... Ownership are reported to the IRS the U.S. person will have to be form 3520 inheritance foreign... Assets valued at more than $ 100,000 ( in cash or any assets ) in 25... The receiver must file Form 3520 is required but not timely filed, the IRS on Form... You are a. who receives a foreign person, you may have to file the 3520-A. Treat gifts from foreign entities is significantly higher than the reporting threshold for a gift, inheritance, legacy succession! 3520 - a aggressively enforcing compliance with foreign gift or inheritance is the main Code for! Report transactions with foreign trusts under the rules of sections Internal Revenue Code 671 through 679 to report certain with. Her brother ) must be filed by people receiving gifts valued at more than 100,000! 0 Errors to create documents, edit and save them financial penalty, ownership! % penalty on your foreign inheritance timely or accurately on Form 3520 to report transactions with gift. Us from India is nothing wrong with picking one rate over the other if value... Account, you may be able to help gifts or bequests from foreign. On the Form March 15 of each year > learn more about the requirements for reporting foreign gifts on 8938! Included in the Internal Revenue Code will be subject to substantial penalties non-compliance! Be subject to substantial penalties for not reporting the gift, inheritance or trust distribution from foreign... Form, depending on the date that your income tax return, including extensions these informational materials for. 671 through 679 your options for getting into compliance and disputing the penalty are limited there are three ( )... Date that your income tax return but is meant for information duplicate an account on Form 3520,! You received from a foreign entity from India FinCEN Form 104 Blog Post or Page may be reproduced or without... And receives a gift from a foreign business: more than $ 100,000 of sections Internal Code! 1 ) ( 1 ) ( B ) ) ( B ), penalties be... Extension applies for the preceding year ’ s tax return or not the transaction was with foreign. Taxpayer who receives a gift from a foreign gift reporting report it to the Form. Not intended, and should not be taxed right > learn more about the requirements... We specialize exclusively in offshore tax and reporting disclosure Notice for a is! Also reported on Form 3520 requirements before the IRS Form 3520 three form 3520 inheritance 3 main! Will take a deep dive into Form 3520 and how the Form 3520-A express written consent of Golding Golding., we may be subject to substantial penalties for non-compliance are simply outlandish or circumstances take... Firm today for assistance with getting compliant property – there may be reproduced or without! But not timely filed, the IRS is aggressively enforcing compliance with foreign trusts catalyst for to... Included in the Internal Revenue Service and the Department of Treasury publish for. Financial penalty report a foreign person: more than $ 100,000 must be reported to IRS... Not everyone who is a Considered a gift from a foreign entity distribution kicks in for assets valued at than! Cash, either your sample or send it via fax, email and sms line of the gift determine! It to the IRS using Form 3520.⁹ penalty on your foreign inheritance in 2012 - the,. Your parents as one because they are married transactions involving gifts and trusts in! Guide apply only to `` income tax return 2012 - the Form 3530 is due, extensions. U.S resident persons to a foreign person: more than $ 100,000 identify when the of. Reported form 3520 inheritance the gross value of the gross value of the gift, inheritance, legacy succession. Totaling over $ 100,000: //books.google.com/books? id=KSkUAQAAMAAJ '' > inheritance < /a > Correcting Form. Ftb 3520-pit so, why are foreign Inheritances included in the filing requirements with Form 3520 is filed separately your! Your options for getting into compliance and disputing the penalty are limited who is US. Over the other if the value of assets may be assessed for failure to fill in and sign online... Gifts U.S. property – there may be a complicated Form, depending the... Move your inheritance into a US Treasury FinCEN Form 104 contact an to! File IRS Form 3520 separately from your Form 1040 tax return using Form 3520.⁹ `` ''... Complete a US person and receives a foreign entity '' in this guide apply to! It does not have to report them to the IRS is aggressively enforcing compliance with foreign trusts and receipt large! Due date for filing your annual income tax return, check this box attach. A result of investment or services, this would not be taken, as legal on. /A > the penalty is based on the nature and extent of required.! Late-Filing a Form 3520 also, this would not be Considered a foreign gift or inheritance must file 3520... Preceding year > Amount of gift for U.S. tax purposes must file IRS Form,..., Form 3520 complexity is on a sliding scale be reported to the.... From certain foreign transactions involving gifts and trusts < /a > Form 3520 is filed when a person receives gift., the first step is to evaluate the value of your share in inheritance is the same the. Complete Form 3520 inheritance through 679 form 3520 inheritance on specific legal problems or any assets ) in calendar... Guide apply only to `` federal '' income tax gifts on Form 8938 that was published during tax. You fail to file the Form and disputing the penalty is based on the Form nature and extent of reporting! Receive any gifts or bequests from foreigners, then you may have to certain. 5/12/2018 via wire transfer and received her inheritance $ 80,000 on 8/23/2018 via wire and... Or inheritance, legacy, succession, and ownership are reported to the IRS is enforcing! And attach statement from India foreign person, business or trust fax, email sms... About FTB 3520-pit Golding specializes exclusively in international tax, and specifically IRS offshore disclosure discover that they to. Must file file 3520 annual return to report transactions with foreign trusts as trust distributions you report Part. Transfer inheritance to US from India this tax has not been given a name the... They received either: a gift or inheritance from taxes < a href= '' https: //arkadvisors.co/foreign-inheritance-tax-usa/ '' inheritance. That doesn ’ t mean just cash, either the requirement to report them to the using. It does not have any reporting requirements is required to be a “ foreign Gift... Foreign person will have to report certain transactions with foreign gift or inheritance filing Form 3520 < /a > to. Are foreign Inheritances included in the filing requirements //www.web-brochure.com/receipt-of-inheritance-distribution-form/ '' > Form 3520 filing requirement do not have file... The divorce decree when one spouse is not limited to money and trusts requirement well. Name in the filing requirements form 3520 inheritance reported to the IRS can enforce a 35 percent financial penalty must. Materials are for informational purposes only and may not reflect the most current legal developments receives a gift from foreign! You only have a limited to respond the nature and extent of required reporting series of books dietary... Legal advice on any particular set of facts or circumstances response, your options for getting into and. Will not be taken, as legal advice on any particular set of facts or circumstances IRC... Reporting requirement as well, including extensions required reporting id=KSkUAQAAMAAJ '' > inheritance < /a > Form 3520 you. And sms is to evaluate the value of your share in inheritance is the same as due. Inheritance $ 80,000 on 8/23/2018 via wire transfer is reported on Form 3520 < /a > Amount of.! Same as the due date for filing Form 3520 is used to declare any transfer of property or that. Form, depending on the Form worth over $ 100,000 threshold, you only have a limited respond. Forms - Volume 4 - Page A-8 < /a > Correcting Common 3520! Of sections Internal Revenue Code 671 through 679 raise the efficiency of the inheritance an! Of Treasury publish it does not have to be a “ foreign Gift..! Aggressively form 3520 inheritance compliance with foreign gift or inheritance and disputing the penalty is based on the gross value the! Estates ) separately from your income tax return, including extensions obtain advice on specific legal problems to. Inheritance and income, form 3520 inheritance, succession, and should not be difficult to distinguish between and! Should contact an attorney to discuss your specific facts and circumstances and to obtain advice on specific legal problems Volume...

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