Google Answers Logo
View Question
 
Q: Gifts of money tax liability ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Gifts of money tax liability
Category: Business and Money > Accounting
Asked by: qask-ga
List Price: $2.00
Posted: 20 Apr 2004 21:03 PDT
Expires: 20 May 2004 21:03 PDT
Question ID: 333470
My grandma lives in Hong Kong, and she is planning give me USD 100,000
as gifts of money.  The money will be sent by electronic transfer.  I
am now buying a house and I need the money for down payment.  Do I
need to file the return?  Will I be charged with gift tax?  There is
no limit of how much money can be transfered into the U.S., is that
right?  Do I need to show evidence for the gifts of money?  Thank you.
Answer  
Subject: Re: Gifts of money tax liability
Answered By: richard-ga on 21 Apr 2004 09:54 PDT
Rated:5 out of 5 stars
 
Hello and thank you for your question.

Gifts are tax-free to the recipient, but if foreign gifts are more
than $100,000 they must be reported to the IRS on Part IV of IRS Form
3520
http://www.irs.gov/pub/irs-pdf/f3520.pdf

So the $100,000 gift puts you just under the threshhold, if that's the
only foreign gift that you are receiving.

See the instructions for the special rules that aggregate gifts to you
from multiple family members
(Page 9-10 of the instructions)
http://www.irs.gov/pub/irs-pdf/i3520.pdf

Search terms used:
6039f 3520 site:irs.gov

Thanks again for bringing us your question.

Sincerely,
Google Answers Researcher
Richard-ga
qask-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Gifts of money tax liability
From: scubajim-ga on 21 Apr 2004 07:29 PDT
 
Does she need an additional Grandson?  :-)  

A gift is a gift and you do not pay any tax on a gift.(in the US). 
She may have some tax liability if she is a US citizen. (consult a tax
attorney)  Don't know what Hong Kong law says.

A seperate issue is that the Underwriter for the Home loan may want a
statement from her.(probably a letter) Stating that this money is a
gift.  Also some lenders may not look favorably on such a large gift
for a down payment for a home unless you have a substantial financial
stake in the home.  Why?  This sounds silly, but I believe their
reasoning is this:  "The lender wants to see the lendee (you) have a
personal substantial financial stake in the home so that you won't
walk away from the loan."  I know you would have at least $100,000 in
the home, but the lender may not consider that money as yours because
it was a gift.  Perhaps the logic seems stupid, but check with your
lender; the situation may depend upon what percentage you put down for
the house.  If it is over 20% of the value of the house then they may
not care as much.  In your case that would mean the house is selling
for $500,000.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy