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Cash Gift from relatives and related tax/IRS issues.

My mother who is living abroad is trying to help me fund education. 

"Jim" is a friend of her brother. She sent $30,000 worth of foreigh currency to Jim's overseas account. Jim was supposed to give me $30,000 here in the US.

Jim, however, pays me $30,000 in cash (bank notes) and the money is accepted by his friend, namely my mother's brother.

I understand that there is no tax obligation on my part because ultimitely this is a gift and not income. I also understand that my bank will fill 8300 when I deposite the $30,000 bank notes. Question is, do I need to (or should I) file 8300 as well, saying that I received $30,000 cash? If so who is the donor in this case? Is it the person from whom I phisically collect the money? Does my mother's brother need to file 709 Gift Form, and another 8300 stating that he received $30,000 from Jim? The goal for me/us is to avoid any unneccessary complication dealing with IRS or Law Enforcement.

 

Can I alternatively only file 3520 foreign gift form, as the origin of the gift is from abroad?

 

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5 Replies

Cash Gift from relatives and related tax/IRS issues.

form 8300 is for businesses to file you are not a business.  

form 3520 seems inappropriate since the amount you received was less than $100,000

from form 3520 instructions

4. You are a U.S. person who, during the current tax
year, received either:
a. More than $100,000 from a nonresident alien
individual or a foreign estate (including foreign persons
related to that nonresident alien individual or foreign estate)
that you treated as gifts or bequests

 

 

since this is an income tax forum the questions about who, if anyone should file gift tax returns, will not be addressed.

 

MaryK4
Expert Alumni

Cash Gift from relatives and related tax/IRS issues.

The Form 8300 is only for cash received in a trade or business, not personal gifts so you do not have to report this.  The Form 3520 would only apply if the gift was for more than $100,000 from a nonresident alien individual so you do not have to report.

 

 

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Cash Gift from relatives and related tax/IRS issues.

Thank you for your feedback.

I think I should rephrase my question. since the bank is going to report my deposit of $30,000 how do I avoid IRS from claiming it as my unreported income and taxing me on this.

Cash Gift from relatives and related tax/IRS issues.

Thank you for providing me information on 8300 and 3520.  I also received international wire transfer from my parents who are non-US persons. The aggregate amount exceeds $100,000 for 2021. Can I include on 3520 the $30,000 which has changed hands serversl times as part of the gift from them, so IRS doesn't consider that as my cash income in 2021?

MaryK4
Expert Alumni

Cash Gift from relatives and related tax/IRS issues.

Yes, you can include it on the Form 3520 with the additional gift to aggregate for the threshold amount.  One other thing you could do is ask for a notarized affidavit now from Jim that explains the cash payment- you may want to consult with an attorney. @wishtopaymillionsoftaxes

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