pk
Level 15
Level 15

Deductions & credits

@Yangza , should  one assume that you  and your spouse are both US persons ( Citizen / Green Card / Resident for tax purposes ) ?  Additionally should we assume that your parents ( donors) are US persons  (or foreign i.e. Non-Resident Aliens?)?

 If I assume  both to be true  i.e. you/spouse  are both US persons and the donors are foreign persons, then

(a) for a gift of that size -- above US$ 100,000-- form a foreign person you must  use form 3520 to recognize  the gift. It has no effect on your taxes  or those of the donor(s).  This is only for the year in which you constructively received the amount.

(b) If any  amount above US#10,000 rests in  your foreign bank account you would need to recognize this  on FinCen form 114  by the return filing date -- again this has no tax implications.  You have to continue doing this as long as  a foreign bank account/ financial account at any time in the year has more than US$10,000 or equivalent -- no tax implications but if not reported the penalties are quite onerous. Each person whom owns  or has signature authority over a foreign bank account is subject to FBAR  ( form 114, FinCen  ) requirements.

(c) form 8938 -- FATCA , may also need to be filed  and again this has nil tax implications but not filing  penalty is onerous.

(d) note that both these forms  ( Fincen 114 and  8938 ) are individual  ownership related not per  joint filing.

(d)  When you  choose to transfer these amounts from a foreign account to US bank account  there  will be SAR ( Suspicious  Activity  Report ) raise by your bank to treasury but generally this is just routine paperwork.  However if you do move a million or more , if I remember correctly , you will need treasury permission.

(e) also please note that any amounts sitting in foreign bank or otherwise  that generates  income ( interest / dividend  etc. ), you need to recognize  these amounts as income on your  return for the year .

 

Does this answer your query?   Is there more I can do for you ?

Xie Xie

pk

 

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