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Level 2
posted May 1, 2022 9:46:20 PM

If I take 30K USD from my friend in USA and give him money in India with funds from there.will i be taxed or facing any risk for the money received in the US (30K USD)?

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1 Best answer
Level 15
May 5, 2022 9:30:50 AM

Gifts are not taxable to the recipient.  Gifts may be taxable to the giver, but only when the lifetime amount of gifts is more than $11 million.  Gifts over $15,000 per person per year must be reported to track against the lifetime limit.

 

However, it's not clear this is a gift.  It could be made to look like two reciprocal gifts, but the intent is something else (I'm not exactly sure what to call it.)  I don't think it's illegal or taxable, but there is a particular type of risk involved.  US banks must report transfers of more than $10,000.  There's no tax involved and you don't report, the bank does it automatically, it's mainly for tracking money laundering.   But, if you structure the transaction as many smaller amounts less than $10K to avoid the report, instead of one transaction of $30K, that can constitute a financial crime called "structuring" and the assets can be seized.

 

I would strongly recommend that your friend open an Indian bank account in his own name and you transfer funds, rather than allowing him access to your account.  That should save on international fees but keep your funds separate.

5 Replies
Level 15
May 2, 2022 5:21:34 AM

What is your reason for doing this?  Is it a personal loan?

Level 2
May 4, 2022 4:37:12 PM

He need to send fund to india for family needs and i need funds from india to make some purchases. And Indian banks are charging too much to send money from india to US. Doing this as its a benefit for me.

 

Will I be liable to pay him back in the US for the amount taken or be subject to any tax? 

Level 15
May 5, 2022 5:34:39 AM

I still don't understand what you are trying to do.  Are you trying to maximize the exchange rate?

Level 2
May 5, 2022 5:45:16 AM

Yes

Level 15
May 5, 2022 9:30:50 AM

Gifts are not taxable to the recipient.  Gifts may be taxable to the giver, but only when the lifetime amount of gifts is more than $11 million.  Gifts over $15,000 per person per year must be reported to track against the lifetime limit.

 

However, it's not clear this is a gift.  It could be made to look like two reciprocal gifts, but the intent is something else (I'm not exactly sure what to call it.)  I don't think it's illegal or taxable, but there is a particular type of risk involved.  US banks must report transfers of more than $10,000.  There's no tax involved and you don't report, the bank does it automatically, it's mainly for tracking money laundering.   But, if you structure the transaction as many smaller amounts less than $10K to avoid the report, instead of one transaction of $30K, that can constitute a financial crime called "structuring" and the assets can be seized.

 

I would strongly recommend that your friend open an Indian bank account in his own name and you transfer funds, rather than allowing him access to your account.  That should save on international fees but keep your funds separate.