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parashar_dave
New Member

If I want to gift stocks to my wife, how much of it is tax exempt from gift tax? We both are non citizens but are working here since many years.

I have read that there is no gift tax for stock transfer between spouses in case if both the spouses are US citizens but I am unclear about the rule for US residents who are neither Green card holders or US citizens
2 Replies
Bsch4477
Level 15

If I want to gift stocks to my wife, how much of it is tax exempt from gift tax? We both are non citizens but are working here since many years.

Mike9241
Level 15

If I want to gift stocks to my wife, how much of it is tax exempt from gift tax? We both are non citizens but are working here since many years.

If you are a nonresident not a citizen of the United States who made a gift subject to U.S. gift tax, you must file a gift tax return (Form 709 United States Gift (and Generation-Skipping Transfer) Tax Return) when any of the following apply:

  • You gave any gifts of future interests.
  • Your gifts of present interests to any donee other than your spouse total more than $16,000 (for 2022).

  • Your outright gifts to your spouse who is not a U.S. citizen total more than $164,000 (for 2022).

If your spouse is not a U.S. citizen, the marital deduction for gifts is limited to an annual exclusion of $164,000 for 2022. See IRC § 2523(i).

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