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Monday, October 14, 2013

Foreign Gift (India to US)

1 : Basically, I would like to understand the tax implications of this transactions from my perspective as well as my grandparents. I want to limit the tax liability for both parties in India as well as the US. Who will be taxed and approximately how much? 

2 : Are there ways to minimize the tax liability? I know there is a $13k maximum tax-free gift in the U.S. per donor to recipient. As an example, would we be able to minimize the overall tax liability for all parties if my grandma/grandpa send me $20k, my aunt/uncle send me $20k, and my cousin/spouse sends me $20k (Basically $10k/person)?

Answer :

1 : As long as you receive $50K~$70K from your GPs in India, your GPs in India, as they are Non-US residents, don’t need to pay any US tax on their gifts(perhaps your GPs in India may need to pay some tax(es) to Indian taxing authority(ies) on their gifts for you. They need to check it with Indian taxing authorities).You also , as a donee, do not need to pay any tax on the gift from India. In general,in the US, the donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead. However, this is not your case since your GPs in India are NOT subject to US gift tax. You also do not need to file form 3520 UNLESS the amount of the gift from India exceeds $100K per year.

2 : As mentioned above, a $13k($14K for 2013 as far as I know) maximum...Read More...

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