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When an non US resident wants to sell property - what should he/she consider

WA state..

Hypothetical situation..Son wants to transfer his home which is free and clear to mother as a gift ..

Mother is US citizen but not a US resident at the moment..she visits US but does not reside for more than a month...

 

Now after become the owner of son's home ..if she wants to sell what type of taxes she needs to be concerned ? I understand capital gain...what else...?

 

Please note she is not US resident for tax purposes 

 

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2 Replies
Anonymous
Not applicable

When an non US resident wants to sell property - what should he/she consider

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

 

 

so her basis would be her son's and his holding period would tack on.   she would pay tax on the gain.  states may also tax the gain.  how much we can't say,   because we don't know her complete tax situation. 

 

 

son, if US citizen, would have to file a gift tax return even though it would be unlikely he would pay any gift taxes.   

 

 

When an non US resident wants to sell property - what should he/she consider

Thanks ..just making sure...

Even though someone is US citizen but not residing/domicile in USA ...rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same correct?

I am asking because I read somewhere that for non residents the estate tax exemption is only 60k ...

that is one of the reason why I asked the question.

Also for non US residents - the proceeds from selling home - are subject to income tax? or just capital gains tax?

What other taxes or consequences apply when US citizen (but non resident) sells US property.

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