c***z
发帖数: 6348 | 1 Hi all
We received some gift money from my parents in law, to help with down
payment for mortgage.
My lawyer mentioned that there will be tax on it.
Did anyone have related experience on this?
Thanks a lot!
Best,
Chaoz |
l****0
发帖数: 277 | |
c***z
发帖数: 6348 | 3 Thanks a lot for the suggestion. I am thinking about it, and about whether
we need to prove that we are paying back. |
s*******4
发帖数: 71 | 4 收的人不用交税吧. 是给的人要交, 如果超过一定限度(1万多, 具体得查IRS网.)
【在 c***z 的大作中提到】
: Thanks a lot for the suggestion. I am thinking about it, and about whether
: we need to prove that we are paying back.
|
c***z
发帖数: 6348 | |
c***z
发帖数: 6348 | 6 Baozi are sent, please let me know if you didn't receive one. |
s*******4
发帖数: 71 | 7 收到包子. 人生第一回. 谢谢. 虽然不知道包子有什么用.有总是好的.:)
【在 c***z 的大作中提到】
: Baozi are sent, please let me know if you didn't receive one.
|
t**********5
发帖数: 127 | 8 irs 上写了个10万的数字。是说高于这个数字才需要报吗？还是无论多少都需要报？ |
d*********r
发帖数: 54 | 9 IRS 规定10万以上才需报税，可是不用交，只用报，再强调一遍，不缴税！ |
c*****z
发帖数: 1211 | 10 送礼方需要交税，如果送礼方是美国公民绿卡或者合法alien的话 |
m*********l
发帖数: 281 | |
s**********g
发帖数: 14942 | 12 几个问题：
1. 你的parents in law有没有美国绿卡或国籍？
2. 数额有没有超过10万美金？
如果1回答是no，那么没有税。
同时如果2回答是yes，那么需要填一个表来claim，但是没有税的事情。no的话不用管
应该。
如果1的回答是yes，那么parents in law有可能需要交税（gift tax），一人一年是1
万4左右的限额，超过部分有征税可能
但也不是你们接收方交税
【在 c***z 的大作中提到】
: Hi all
: We received some gift money from my parents in law, to help with down
: payment for mortgage.
: My lawyer mentioned that there will be tax on it.
: Did anyone have related experience on this?
: Thanks a lot!
: Best,
: Chaoz
|
c***z
发帖数: 6348 | 13 I consulted a tax professional and the answer is negative, I don't need to
pay tax for gift. Thanks so much! :)
Below is my question and her answer:
Q:
I am a resident alien (H1B visa holder and lived in the US full year for the
past 12 years) and I received a gift money of $50K from my parents in law,
who live in China (foreign persons not filing US tax, that is).
I understand that under normal circumstances the gift giver pays the tax:
https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-
Asked-Questions-on-Gift-Taxes#1
I also understand that under normal circumstances a US person only need to
report the gift (when it's above $100K) from foreign persons:
https://www.irs.gov/Businesses/Gifts-from-Foreign-Person
I also understand that under normal circumstances I file tax as US persons:
https://www.irs.gov/publications/p519/ch04.html#en_US_2015_publink1000222304
My question is: do I fall into the normal circumstances since I am a H1B
visa holder? In other words, do I need to pay tax for the gift money?
A:
Since you are considered a resident alien for tax purposes the same rule
that apply to US citizens apply to you as well. You don't need to report the
gift or pay any taxes.
Gifts are NEVER taxable to the receiver. Even if you get a gift over 100K
from a foreign person, it is reportable, but NOT taxable. There's a
difference between reporting requirements and taxable liability. There some
circumstances when you are required to report a income or money you have
like a gift over 100K from a foreign person or nontaxable social security
income or having bank account in foreign country with balance over 10K but
it doesn't mean that the income is included on your taxable income and taxed
. |
