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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. |
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Subject:
Re: Gifts of money tax liability
Answered By: richard-ga on 21 Apr 2004 09:54 PDT Rated: |
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: |
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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. |
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