Carl
Level 15

Deductions & credits

Zero. There is no such thing as an actual "gift tax" that is imposed. The name of that IRS Form 709 -Gift Tax Return is misleading in that since. The 709 needs to be filed ONLY if the gift given in a tax year is more than $15K. The giver of the gift files it. It's informational only to the IRS. The recipient of the gift doesn't report anything to anyone.  However, the rules are a bit different where a foreign national is involved.

Receiving gifts from foreign citizens
Gift taxes only apply to the person making the gift, not the person receiving it. Foreign citizens generally don't have liability for U.S. gift tax and therefore don't need to report gifts for those purposes.

 

However, separate IRS regulations require recipients to report a foreign cash gift. IRS Form 3520 is required if you receive more than $100,000 from a nonresident alien or a foreign estate. In addition, gifts from foreign corporations or partnerships are subject to a lower threshold that is adjusted for inflation each year. For 2016, gifts of more than $15,671 trigger the filing requirement.

You won't owe any tax as a result of filing these documents. However, failing to file them can result in IRS penalties.

The gift tax isn't something that most Americans ever have to deal with. But if you make or receive a foreign cash gift, you'll need to keep the gift tax in mind and make sure you follow all the rules that govern this type of gift.