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mileslmw87
New Member

If I transfer money from my bank account in China, should I report the money to IRS? Besides should I report the bank account?

 
3 Replies
DallasM
New Member

If I transfer money from my bank account in China, should I report the money to IRS? Besides should I report the bank account?

First and foremost, bank transfers from your personal foreign bank account to your personal US bank account are not reported on a federal tax return.

That being said, if you are receiving money from parents living in China, please see the information provided below for specific instructions on how to file this:

"Per IRS guidance (https://www.irs.gov/businesses/gifts-from-foreign-person), gifts from a "foreign person" are generally excludable from gross income unless they exceed certain limits, in which case the recipient must file a Form 3520.  Here's an excerpt from the above link stating those requirements:

"You must file Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, if, during the current tax year, you treat the receipt of money or other property above certain amounts as a foreign gift or bequest.  Include on Form 3520:

Gifts or bequests valued at more than $100,000 from a nonresident alien individual or foreign estate (including foreign persons related to that nonresident alien individual or foreign estate);

or 

Gifts valued at more than $15,601 for 2015 (adjusted annually for inflation) from foreign corporations or foreign partnerships (including foreign persons related to the foreign corporations or foreign partnerships)." 

Further,

"A U.S. person is:
A citizen or resident alien of the United States (see Pub. 519, US Tax Guide for Aliens, for guidance on determining resident alien status),
A domestic corporation,
Any estate (other than a foreign estate, within the meaning of section 7701(a)(31)(A)), 
and any domestic trust (defined earlier)"

So, in your case, unless your parents gave you more than $100,000 in 2016 (or are acting on behalf of a foreign corporation), then you do not have to report the income on your tax return.

Here's the IRS link to the form 3520 instructions which discusses this and related matters: https://www.irs.gov/pub/irs-pdf/i3520.pdf

Hope this helps!
mileslmw87
New Member

If I transfer money from my bank account in China, should I report the money to IRS? Besides should I report the bank account?

Do I need to report my foreign bank account to IRS?
DallasM
New Member

If I transfer money from my bank account in China, should I report the money to IRS? Besides should I report the bank account?

It is possible that you may not have to. I have provided additional information regarding the IRS policy for situations like yous. Please see the answer and link provided below for further information:

"The filing requirement for foreign bank accounts applies even if the funds in the bank account were earned outside of the US and/or earned in a prior tax period.

Your tax status will determine if you have a reporting requirement. The requirement applies to U.S. citizens and resident aliens, including those with dual citizenship. If you are considered a non-resident alien, you do not have FBAR filing requirements. Individuals residing in the U.S. who do not meet one of the "United States Resident" residency tests are not considered U.S. residents for FBAR purposes.

 See <a rel="nofollow" target="_blank" href="https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-a...> for more information."
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