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ltap91
Returning Member

Wife greecard holder who sold a house do we owe taxes.

My wife sold her portion of a house she got from inheritance to her father who is a not U.S. citizen. She was a greencard holder at the time of the sale, but was previously a here via a student visa. My question is do we owe any taxes on the sale of the house.

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pk
Level 15
Level 15

Wife greecard holder who sold a house do we owe taxes.

My understanding of the situation --- (a) US resident taxpayer inherits a property ( abroad or in the USA? ); (b) Taxpayer then sells the  said property to a  Non-Resident Alien  relative;  (c) is this a taxable transaction ?

 The gain on the transaction is computed as Sales proceeds ( which is sales price less any sales expenses) Less basis in the property ( this in case of inherited property is the Fair Market Value of the property on the day of death of the decedent).  Thus  if the property was not sold immediately there is likely to be some gain which is treated as capital gain.

The assumption here is that the  property sold to a relative is at fair market value and therefore generally there are  some restrictions on disposition on US  persons but for a Non-Resident Alien buyer of property not on US soil, these rules  cannto be enforced.

Note  also that  if the inherited property was worth equal to more than US$100,000, it needed to be reported on form 3520 -- no tax impact 

If the  proceeds from this transaction entered any  foreign bank account that your wife either owned or had signature  authority, then  you may come under  FBAR ( treasury form 114 )  and/or FATCA ( IRS form 8939  but not if 3520 was reported ).

Hope this helps -- if you need more , please provide more details in comments

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1 Reply
pk
Level 15
Level 15

Wife greecard holder who sold a house do we owe taxes.

My understanding of the situation --- (a) US resident taxpayer inherits a property ( abroad or in the USA? ); (b) Taxpayer then sells the  said property to a  Non-Resident Alien  relative;  (c) is this a taxable transaction ?

 The gain on the transaction is computed as Sales proceeds ( which is sales price less any sales expenses) Less basis in the property ( this in case of inherited property is the Fair Market Value of the property on the day of death of the decedent).  Thus  if the property was not sold immediately there is likely to be some gain which is treated as capital gain.

The assumption here is that the  property sold to a relative is at fair market value and therefore generally there are  some restrictions on disposition on US  persons but for a Non-Resident Alien buyer of property not on US soil, these rules  cannto be enforced.

Note  also that  if the inherited property was worth equal to more than US$100,000, it needed to be reported on form 3520 -- no tax impact 

If the  proceeds from this transaction entered any  foreign bank account that your wife either owned or had signature  authority, then  you may come under  FBAR ( treasury form 114 )  and/or FATCA ( IRS form 8939  but not if 3520 was reported ).

Hope this helps -- if you need more , please provide more details in comments

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