My father wants to give me an apartment under his name in overseas as gift. (He is not a US citizen or green card holder but my mom is a green card holder.) I don't know for sure the exact value of the apartment but assume it is over $100K. My question is: 1). is this considered gift by law in the States? 2). Do I need to pay gift tax? and if so, how is it calculated? 3). I will not sell it in anytime soon, but am considering to rent it out if it is given to me? I assume that I would need to pay taxes on the rental income if that happens. is my assumation correct? if so, is there a special form that I need to complete on tax return? And how do I prove of the rental income amount? 4). If I give the rental income to my parents, do I still need to report it as my income? Thanks so much for your help!!
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I am not sure if the gift has to be reported to the Treasury Department or not since the giver is not a U.S. Citizen, green card holder, or non-resident alien. So you may want to seek the services of a professional in your local area. This is especially true if your state taxes personal income. However, here's a few facts concerning it.
- Gifts of more than $15K are reported by the giver. The recipient of said gift doesn't have to report anything. (This is what *MIGHT* be different for your specific situation, so seek professional help.)
- When you receive a gift, you also receive the cost basis of the giver of that gift. So what the property is worth now is irrelevant. Whatever the giver paid for the gift, is *your* cost basis also. This would include the cost of any property improvements done by the giver while the giver owned it.
- All rental income & expenses is reported on SCH E as a part of your personal tax return. In your case, make *SURE* you identify in the program that this is *FOREIGN* rental property. That's because foreign rental property is depreciated over 40 years, unlike domestic rental property that is depreciated over 27.5 years.
- Accurate and detailed book keeping of your acquisition of the property as well as all rental income and expenses is a must. You need to be able to account for every single penny received and every penny spent on this rental property. You will understand this more at tax filing time when dealing with the SCH E.
-"My father wants to give me an apartment under his name"
The property needs to be transferred to your name so that you are the legal owner of it. If that is not done, then you don't own the property and you can not depreciate or claim any expenses on rental property you do not own. That will make 100% of any rental income paid to you, fully taxable. I'm sure you don't want that.
I just ran across the following on a non-IRS website:
Foreign citizens generally don't have liability for U.S. gift tax and therefore don't need to report gifts for those purposes. However, separate IRS regulations require recipients to report a foreign cash gift. IRS Form 3520 is required if you receive more than $100,000 from a nonresident alien or a foreign estate.
I note the above says "cash gift" but keep in mind it's not from an IRS website, so could be misworded. From what I read on the IRS website at https://www.irs.gov/businesses/gifts-from-foreign-person it seems this is a grey area. It starts out with, If you are a U.S. person who received foreign gifts of money or other property... thus indicating to me that if the gift is valued at more than $100,000 in U.S. currency at the time of the transaction, then it has to be reported on IRS Form 3520 which you can get at https://www.irs.gov/pub/irs-pdf/f3520.pdf Take note that the 3520 is NOT a tax return and no taxes will be paid. You are merely satisfying a legal requirement to report it, is all.
Thanks Carl so much for your answer! I really appreciate it!!
Sincerely, Jennifer
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