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New Member
posted Jun 6, 2019 6:11:51 AM

Nonimmigrant receiving Gift from Overseas

I'm a Nonimmigrant from Australia working in the US.

My family back in Australia wishes to send me just under $13000 US (via bank transfer) to help pay off some of my car loan here, will I have to declare that to the IRS in anyway shape or form?

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1 Best answer
New Member
Jun 6, 2019 6:11:53 AM

It does not appear so.  A foreign gift in cash is not taxable in a case like yours.   There is a form to file for declaration of the gift, but only if it is above $15,000.  

Per IRS:  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:
a) 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
b) 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).

So I think you are good.   See IRS page here for more guidance:   https://www.irs.gov/businesses/gifts-from-foreign-person

1 Replies
New Member
Jun 6, 2019 6:11:53 AM

It does not appear so.  A foreign gift in cash is not taxable in a case like yours.   There is a form to file for declaration of the gift, but only if it is above $15,000.  

Per IRS:  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:
a) 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
b) 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).

So I think you are good.   See IRS page here for more guidance:   https://www.irs.gov/businesses/gifts-from-foreign-person