pk
Level 15
Level 15

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@Helen123 ,  assuming that you are a US person ( Resident for Tax purposes ) based on your earlier posts, , you filing form 1040 and that your husband is a Non-Resident Alien ( citizen of UK and  having tax home in the UK ),  your sending  or receiving monies :

 

(a) if you transfer  monies  more than US$10,000,  your bank will raise an  SAR   ( Suspicious  Activity Report )  as a routine matter  and  then this will be dealt with -- nothing happens .  There is no permission required  or consequences  ifd the amolunt is less than a Million USD -- beyond that amount there is a permission  required.  I don't know  where you got this US$164K limit -- I have no recollection of a  limit  transfer between Husband and Wife or even between a US person and an NRA ( Non-Resident Alien )..   There is NO tax impact of sending monies  to any-one, let alone between husband and wife.

(b) If you are receiving monies from abroad, then the only requirement is for filing a form 3520 recognizing gifts  equal or above US$100,000  from a foreign person / entity.  Generally  this is not applicable  to transfers between husband and wife, but the rub here is  which  has primacy  ----- the Husband wife  transfer or US Person and  NRA.  I would personally argue that a Husband -Wife  has primacy  and therefore there is no requirement to file form  3520 when the transfer is between  Spouse , even if one  is a US person and the other is not. ( because the latter -- US person & NRA -- is assumed to be a transient situation.

(c) If you accept my contention   that this primarily a transfer between  Husband and Wife, then  there is no requirement for either party to submit form 709 and /or 4808.

 

In summary what I am saying is that there is NO reporting required  ( for Federal tax purposes ) when the transfers is between Husband and Wife , irrespective of amounts  and citizenship / Residency  stati.

 

Is there more I can do for you ?

 

pk

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