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Updated over 5 years ago on . Most recent reply
Tax on gift from foreign person
Hi,
My parents are looking to gift me and my sister some money this year. I did some research into the rules on taxation for gifts from a foreign person and wanted to confirm my understanding (given innumerable loopholes/gotchas in the tax code). Basically from my research, it seems:
1. Monetary gifts from a foreign person (someone who has no direct connection to the US - non citizen, non resident) under $100K are tax-exempt for federal purposes and do not have to be reported to the IRS
2. Monetary gifts from a foreign person over $100K are tax-exempt for federal purposes but have to be reported to the IRS using form 3520
Wanted to confirm that the above is true and then wanted to ask if:
1. Does the above depend on whether the foreign person is immediate family or not? In other words, if the person was a relative instead of a parent, would the gift then be taxable?
2. Does California has any special rules regarding taxing of gifts from a foreign person that deviate from federal rules?
Thanks.