pk
Level 15
Level 15

Deductions & credits

@santhanr01 , Agreeing with my colleague  @M-MTax ,  

(a) I stand corrected on the form -- it should have been 709 and NOT 706

(b)  I stand by  that if I assume  both  you and your brother are married,  then using free amount  you each ( you and your spouse ) can donate / gift  US$36,000 to  your brother and his spouse.    Granted I have no info on your post that suggest  that this is the case ( that both you and your brother are married  and  that your spouses will agree to this scheme ).

(c) Filing a form 709 is not a tax event at the time of the gift  -- future is unknown.

 

However, I do understand  that this scheme  will not work, if you are  paying off directly to the lender --- first because it is an entity  ( and not a person ),  second  we don't  know how the property is held ( jointly by your brother and his spouse  or what ).    Also I don't know if India  would consider  the gifts to  your brother and his spouse ( if) would be considered an income and be taxed.

 

My apologies to @M-MTax .

 

pk