3010006
My parents are not US citizens, and do not live in USA. However I'm an US citizen and do live in the states.
They plan to sell some land and gift me some of the proceeds (around $500,000), could they just wire me the sum? Any tax complications for my parents (probably not from US but their own country) or me?
Thanks,
You'll need to sign in or create an account to connect with an expert.
You will need to file form 3520.
U.S. persons (and executors of estates of U.S. decedents) file Form 3520 to report:
Nonresidents not citizens of the United States are subject to gift and GST taxes for gifts of tangible property situated in the United States. A person is considered a nonresident not a citizen of the United States if, at the time the gift is made,
(1) was not a citizen of the United States and did not reside there, or
(2) was domiciled in a U.S. possession and acquired citizenship solely by reason of birth or residence in the possession. Under certain circumstances, they are also subject to gift and GST taxes for gifts of intangible property. See section 2501(a).
If you are a nonresident not a citizen of the United States who made a gift subject to gift tax, you must file a gift tax return when any of the following apply.
Would I have to pay taxes for the sum received?
Thanks,
The tax is owed by the giver of the gift, not the recipient.
Someone who is a non-resident and a non-citizen only owes US gift tax if the gift is tangible property located in the US. This could include land, collectibles, or other property. If your parents are selling land in the US and giving you the cash, they may owe capital gains tax on the sale of the land, but they do not owe gift tax, because they are giving you cash and not tangible property. If your parents are selling land outside the US and giving you the cash, they owe no US tax at all. Basically, the US has no jurisdiction to impose tax on a person unless they are citizens of the US, residents of the US, or own property in the US.
They might owe gift tax in their home country.
If you are a US citizen or resident (which makes you subject to US tax law), you don't owe gift tax because under US law, the recipient does not owe gift tax.
You will need to file form 3520, which is a report of large gifts from foreign persons, but this is only a report and no tax is owed. The deadline to file form 3520 for a gift given in 2023 would be April 15, 2024, same as a regular tax return, but the form is not part of a regular tax return (it is filed separately) and Turbotax does not prepare this form for you.
But my parents are nonresidents and not citizens of the United States, they don't files taxes here. They still would have to pay gift tax?
Thank you very much, this explained it all.
your parents are not subject to US Tax Law.
a gift is not taxable and not reported on your tax return
If your parents gift you no more than $100,000 per year you would not have to file that form 3520.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
chapmandebra3
New Member
kyra8fox
Returning Member
user17522541929
New Member
carlcam
Returning Member
shaleensomani
Level 2