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Old 02-22-2009, 11:04 AM
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If I receive a gift of $100K...

If I receive a gift of $100,000 from an individual who is not a US citizen or resident, does it qualify as a gift or as misc income?

If I live in Germany (have lived there with the US Army for 2 years), and the 'gift' is classified as income, and my wages, salaries, and tips on my W2 equal to about $55K, does my total income equal $155K? What might I have to pay the IRS? How about state tax (PA)?



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Old 03-01-2009, 10:29 PM
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Generally speaking, the IRS tax code states that "a person who receives a gift is considered the donee and the person who makes the gift is the donor." Furthermore, according to the US Tax code, "a donee never pays income tax or gift tax on the receipt of a gift." But, if any tax is due, it is generally the responsibility of the donor to pay any income tax or gift tax as a result of the making the gift.

In your circumstances, since the donor in is a foreign person, the gift of money is not taxable to you the donee, but the foreign donor who makes a gift of U.S.-based property could possibly be subject to a gift tax.

The IRS requires that a donee of a gift from a foreign person has to inform the IRS of the gift if it exceeds a certain threshold. The gift is disclosed to the IRS but no tax is due on it. You, the donee are required to file "Form 3520" , Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts with your individual return for the year that the gift is received if it exceeded a certain threshold amount as established by the IRS.

One of threshold requirements that is relevent to you is "if you have received more than $100,000 from a nonresident alien individual or a foreign estate (including foreign persons related to that nonresident alien individual or foreign estate) that you treated as gifts or bequests in a particular tax year", then you are required to attach From 3520 to your individual tax return.


Here is a link to Form 3520.
http://www.irs.gov/pub/irs-pdf/f3520.pdf

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