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Gifts from Canada to US Options · View
ronatr
Posted: Friday, February 10, 2012 7:57:38 PM
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Joined: 1/9/2012
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Location: Ohio

I am a dual citizen and have been a US resident for the past 15 years. During that time I have twice received gifts from my mother of $30,000, who is a Canadian citizen and has always been a Canadian resident. She has never had any US ties. I simply put this money in a Canadian bank account which I have kept. (I do report my foreign accounts to US treasury each year).

Should I have done anything tax-wise in either US or Canada. Did I need to report this somehow? If so, what should I have done?  

  

nelsona
Posted: Sunday, February 12, 2012 8:56:02 PM
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Location: Columbia MO
Only gifts of more than US$100K need to be reported in US (on form 3520) but it is never taxed. Nothing need be done in canada
jhonlarson
Posted: Monday, March 12, 2012 6:08:10 AM
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Joined: 2/3/2012
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Location: Kent

nelsona wrote:
Only gifts of more than US$100K need to be reported in US (on form 3520) but it is never taxed. Nothing need be done in canada

 

Yes this is perfect answer, upper than 100K $ gifts United government apply tax. 

Virginia
Posted: Monday, March 12, 2012 1:15:52 PM
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Joined: 11/21/2008
Posts: 62
Location: Phoenix, AZ
If your mother has no US taxpayer obligations, she does not report the gift.  As the recipient, you do not report the gift at any amount as a gift is not income.  Your tax reporting obligations occur when the cash gift earns income and/or is a foreign account.  There are completely different rules if you make gifts to her.
nelsona
Posted: Monday, March 12, 2012 2:03:31 PM
Rank: Advanced Member
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Joined: 3/13/2009
Posts: 300
Location: Columbia MO
jhonlarson wrote:

Yes this is perfect answer, upper than 100K $ gifts United government apply tax. 

 

No, there is no tax over $100K, it simply must be reported, that is all.

 

 

 

nelsona
Posted: Monday, March 12, 2012 2:04:25 PM
Rank: Advanced Member
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Joined: 3/13/2009
Posts: 300
Location: Columbia MO

Virginia wrote:
If your mother has no US taxpayer obligations, she does not report the gift.  As the recipient, you do not report the gift at any amount as a gift is not income.  Your tax reporting obligations occur when the cash gift earns income and/or is a foreign account.  There are completely different rules if you make gifts to her.

 

Not correct Virginia. All foreign gifts RECEIVED of over $100K must be reported on Form 3520.

That is why it is called "Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts"

http://www.irs.gov/pub/irs-pdf/i3520.pdf

"4. You are a U.S. person who, during the current tax year, received either:

a. More than $100,000 from a nonresident alien otherwise noted. individual or a foreign estate (including foreign persons related to that nonresident alien individual or foreign estate) that you treated as gifts or bequests;..."

 

Virginia
Posted: Monday, March 12, 2012 8:00:58 PM
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Joined: 11/21/2008
Posts: 62
Location: Phoenix, AZ
Thanks, nelsona.  I realized that soon after I posted and am just now getting back to withdraw my statement!  Happy Monday, everyone!
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