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dengmaxi
New Member

Do i need to report the money(in cash) that i received from parents living in China?

the total amount is around 80k in 2016 and i deposited them in bank saving account
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1 Best answer

Accepted Solutions
ThomasM
New Member

Do i need to report the money(in cash) that i received from parents living in China?

Per IRS guidance (https://www.irs.gov/businesses/gifts-from-foreign-person), gifts from a "foreign person" are generally excludable from gross income unless they exceed certain limits, in which case the recipient must file a Form 3520.  Here's an excerpt from the above link stating those requirements:

"You must file Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, if, during the current tax year, you treat the receipt of money or other property above certain amounts as a foreign gift or bequest.  Include on Form 3520:

Gifts or bequests valued at more than $100,000 from a nonresident alien individual or foreign estate (including foreign persons related to that nonresident alien individual or foreign estate);

or 

Gifts valued at more than $15,601 for 2015 (adjusted annually for inflation) from foreign corporations or foreign partnerships (including foreign persons related to the foreign corporations or foreign partnerships)." 

Further,

"A U.S. person is:
A citizen or resident alien of the United States (see Pub. 519, US Tax Guide for Aliens, for guidance on determining resident alien status),
A domestic corporation,
Any estate (other than a foreign estate, within the meaning of section 7701(a)(31)(A)), 
and any domestic trust (defined earlier)"

So, in your case, unless your parents gave you more than $100,000 in 2016 (or are acting on behalf of a foreign corporation), then you do not have to report the income on your tax return.

Here's the IRS link to the form 3520 instructions which discusses this and related matters: https://www.irs.gov/pub/irs-pdf/i3520.pdf

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2 Replies
ThomasM
New Member

Do i need to report the money(in cash) that i received from parents living in China?

Per IRS guidance (https://www.irs.gov/businesses/gifts-from-foreign-person), gifts from a "foreign person" are generally excludable from gross income unless they exceed certain limits, in which case the recipient must file a Form 3520.  Here's an excerpt from the above link stating those requirements:

"You must file Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, if, during the current tax year, you treat the receipt of money or other property above certain amounts as a foreign gift or bequest.  Include on Form 3520:

Gifts or bequests valued at more than $100,000 from a nonresident alien individual or foreign estate (including foreign persons related to that nonresident alien individual or foreign estate);

or 

Gifts valued at more than $15,601 for 2015 (adjusted annually for inflation) from foreign corporations or foreign partnerships (including foreign persons related to the foreign corporations or foreign partnerships)." 

Further,

"A U.S. person is:
A citizen or resident alien of the United States (see Pub. 519, US Tax Guide for Aliens, for guidance on determining resident alien status),
A domestic corporation,
Any estate (other than a foreign estate, within the meaning of section 7701(a)(31)(A)), 
and any domestic trust (defined earlier)"

So, in your case, unless your parents gave you more than $100,000 in 2016 (or are acting on behalf of a foreign corporation), then you do not have to report the income on your tax return.

Here's the IRS link to the form 3520 instructions which discusses this and related matters: https://www.irs.gov/pub/irs-pdf/i3520.pdf

Mikejakester
Returning Member

Do i need to report the money(in cash) that i received from parents living in China?

Is the 100k limit per individual? Say my wife received $60k in her bank account and I receive $60k in my bank account and we both file jointly, do we need to file Form 3520 because it exceeds $100k jointly? 

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