• Money gift from a non-US person

    From DK@21:1/5 to All on Sat Oct 2 21:49:21 2021
    My mother, who is a non-US person living in Bulgaria, wants to gift me,
    a US citizen, USD 60,000 via bank transfer.

    I can't figure out the tax situation.

    Based on this, I conclude that no one pays any taxes and I won't even
    need to include this amount into my income taxes: https://www.bnymellonwealth.com/articles/strategy/how-the-us-gift-tax-applies-to-foreign-nationals.jsp

    However, based on this, I conclude that my mother will need to pay gift
    tax: https://walk-law.com/us-gift-tax-rules/
    (But I can't interpret the table to to figure out the rate).

    Can anyone please help? Thank you,

    David

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  • From JoeTaxpayer@21:1/5 to All on Sun Oct 3 08:19:53 2021
    On 10/2/21 9:49 PM, DK wrote:
    My mother, who is a non-US person living in Bulgaria, wants to gift me,
    a US citizen, USD 60,000 via bank transfer.

    I can't figure out the tax situation.

    Based on this, I conclude that no one pays any taxes and I won't even
    need to include this amount into my income taxes: https://www.bnymellonwealth.com/articles/strategy/how-the-us-gift-tax-applies-to-foreign-nationals.jsp

    However, based on this, I conclude that my mother will need to pay gift
    tax: https://walk-law.com/us-gift-tax-rules/
    (But I can't interpret the table to to figure out the rate).

    Can anyone please help? Thank you,

    David

    Your mother is not a US citizen, nor is she living here. She would not
    be subject to a gift tax from the IRS. She needs to check with the
    Bulgaria tax authority.
    You do not even need to report a sub $100K gift from abroad.
    See https://www.districtofcolumbiataxattorney.com/blog/2020/11/do-i-have-to-pay-taxes-on-foreign-inheritance-to-the-irs/

    I believe the article you linked is older than current tax code.

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    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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  • From Stuart O. Bronstein@21:1/5 to dk@no.email.thankstospam.net on Sun Oct 3 11:11:01 2021
    dk@no.email.thankstospam.net (DK) wrote:

    My mother, who is a non-US person living in Bulgaria, wants to
    gift me, a US citizen, USD 60,000 via bank transfer.

    I can't figure out the tax situation.

    Based on this, I conclude that no one pays any taxes and I won't
    even need to include this amount into my income taxes: https://www.bnymellonwealth.com/articles/strategy/how-the-us-gift-t ax-applies-to-foreign-nationals.jsp

    However, based on this, I conclude that my mother will need to pay
    gift tax: https://walk-law.com/us-gift-tax-rules/
    (But I can't interpret the table to to figure out the rate).

    Since your mother is not a US citizen, gift tax would only apply if
    the money she sends you is located in the US at the time she makes
    the gift. In other words if she has a bank account in the US and
    makes the gift from those funds, the gift tax will apply. Otherwise
    it won't.

    Joe is correct that you don't normally need to report gifts from
    abroad of up to $100,000 (that's the total gifts over the course of a
    year). However if the gift came from the account of a corporation or partnership, it has to be reported (IRS Form 3520) if it's more than
    about $16,000. This is just a report - no tax will be due.

    Gifts are almost never subject to income tax. So that should not be
    an issue.

    --
    Stu
    http://DownToEarthLawyer.com

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    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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