Tax Year Prior to 2020: My mother is non US resident who owned an investment property at the US. Recently she got an equity loan for downpay of my first house. Can she transfer the money to me?

[VictorW9]

Your mother has the right to do whatever she wants with the money she borrowed. However, the property your mother took the loan against becomes collateral. Whatever arrangement you make with your mother in paying back the loan is between you and her and has nothing to do with the lender.

[wobushini345]

I am the POA of her account. Can I transfer that money to my bank account? 

Are we both going to get any tax issue?

[VictorW9]

Your mother might be liable for a gift tax. If she gives you more than the annual gift tax exclusion ($15,000 in 2019), she must file a gift tax return. That still doesn't mean she will owe any gift tax. As of 2019, a taxpayer does not pay gift tax until they have given away over $11.4 million in their lifetime.

[wobushini345]

Even she is a foreigner, she can give away over $11.4 million in her lifetime in the US?

[VictorW9]

Well given that information, your mother doesn't seem to have any tax obligation in the U.S. She is not a citizen neither is she a permanent resident in the U.S. and can still get a loan, then good for her. The fact remains, if she is neither a citizen or a resident, she has no obligation to file taxes.

[wobushini345]

If I received fund from her, do i need to clam this as income and is it going to be taxed?

[Critter]

GIFTS from anyone in any amount  is NOT income so it is NOT reported on an INCOME tax return. 

If your parents are not US citizens or residents of the US, there are no US tax implications for them.

If you, as a US person, receive a gift of more than $100,000 from a foreign person, you are required to submit a Form 3520 to the IRS.  Form 3520 is an informational form only.  You do not report a gift received on your personal tax return, regardless of the amount received.

IRS Form 3520 - http://www.irs.gov/pub/irs-pdf/f3520.pdf

IRS Form 3520 instructions - http://www.irs.gov/pub/irs-pdf/i3520.pdf

http://www.irs.gov/Businesses/Gifts-from-Foreign-Person