US bank account held by foreigner: considered 'pro...
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Oliver84
Returning Member

US bank account held by foreigner: considered 'property situated in the US'?

I am expecting to receive a gift from a non-US person (my father), and am trying to determine if he will be liable for US taxes (as donor of the gift).  The gift will come from his personal account in the US.  I can't figure out if this personal account is considered 'US Situs' for purpose of gift taxes (and falls under this: The gift tax applies only to the transfer of real property and tangible personal property situated in the United States at the time of the transfer).  Below is reference to some relevant tax laws:

 

From: https://www.law.cornell.edu/cfr/text/26/25.2511-3

 

(i) In the case of gifts made on or after January 1, 1967, a debt obligation, including a bank deposit, the primary obligor of which is a United States person ...constitutes property situated within the United States.

2 Replies
DoninGA
Level 15

US bank account held by foreigner: considered 'property situated in the US'?

Opus 17
Level 15

US bank account held by foreigner: considered 'property situated in the US'?

Money in a bank account is "intangible" property and gifts of money are not subject to the US in situs rules.  This article explains it best as I could find in a few minutes.

https://sommers-taxapedia.com/archives/summary-of-the-law-on-gifts-from-a-non-u-s-taxpayer/

 

A gift of stock, or real estate, could be subject to gift tax payable by your parent.  But not cash. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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