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Does gift tax rule also applies to green card holder

If a green card holder needs to give money to US citizen, does that 18,000 limit applies to the giver as well? Any one knows?

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2 Replies
AmyC
Expert Alumni

Does gift tax rule also applies to green card holder

Green card holders are subject to gift tax rules. The gift tax is capped at $18,000 for 2024 per person. This means you can give $18,000 to mom, another $18,000 to dad, another $18,000 to each child and so on. If you are married, your spouse can also give $18,000 per person to all the same people or different ones. If you give more than that, then you should file a gift tax return.  The receiver just says thank you. The giver files any paperwork for giving too much.

 

Learn more:

Gift tax questions and answers

Gift tax return information

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Does gift tax rule also applies to green card holder

The US tax laws apply to any person who is considered a “US person for taxes.” That includes citizens (no matter where, in the world, they actually live) green card holders (no matter where, in the world, they actually live) and resident aliens (who pass the substantial presence test).

 

Of course, the $18,000 per person limit is only the limit to be required to file a form 709 gift tax return. Gift taxes never actually owed unless the giver’s lifetime gift total is more than $13 million.

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