Who Must File — Instruction 708 — Instructions for Form 708

File Form 708 if any of the following apply (subject to the exceptions noted below).

You are an individual who is a U.S. citizen or resident of the United States (see U.S. citizen or resident, later) and receive during the applicable calendar year one or more covered gifts or covered bequests. This includes distributions from foreign trusts that are attributable to covered gifts or covered bequests.

Note: For section 2801 tax purposes, the term “resident” follows the gift and estate tax definition of the term, which is based on domicile (unlike its definition for income tax purposes). Therefore, a person may be a U.S. resident for section 2801 tax purposes yet be considered a nonresident for income tax purposes.

During the applicable calendar year, you are a domestic trust that receives one or more covered gifts or covered bequests. This includes distributions from foreign trusts that are attributable to covered gifts or covered bequests.
During the applicable calendar year, you are a non-electing foreign trust that becomes a domestic trust, and you have, at any previous time or during the applicable year, received one or more covered gifts or covered bequests. This includes distributions from foreign trusts that are attributable to covered gifts or covered bequests. See Migrated foreign trust, later.
You are a non-electing foreign trust (see Non-electing foreign trust , later) and you are making an election to be

treated as a domestic trust for section 2801 tax purposes.

Instructions for Form 708 (12-2025) Catalog Number 51678E Jan 16, 2026 Department of the Treasury Internal Revenue Service www.irs.gov

During the applicable calendar year, you are an electing foreign trust that receives one or more covered gifts or covered bequests. This includes distributions from foreign trusts that are attributable to covered gifts or covered bequests.

Note: If you are a U.S. person as defined for federal income tax purposes, you may be required to report the receipt of a gift or bequest from a foreign person, or a distribution from a foreign trust, on Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts. See sections 6039F, 6048(c), 7701(a)(30), and Form 3520 and its instructions, for more information.