Impact on gifts received by Indian Americans

tax

In the US, tax on gifts is levied in the hands of the donor or person making the gift and not the receiver. Moreover, this only applies where the person making the gift is a US taxpayer, that is, a US resident, green card holder or citizen. Where a gift is made by a person resident in India to a US person, no gift tax is payable as the donor is not a US taxpayer. However, the person receiving the gift, being a US taxpayer, must fill up form 3520 – ‘Annual return to report transactions with foreign trusts and receipt of certain foreign gifts’
Expert’s advice “Even if there is no tax liability at the time of receiving the gift, US residents, citizens and Green Card holders who receive gifts over $100,000 from someone in India must file Form 3520 along with their tax return. This applies to financial assets such as cash, investments and also physical assets like property.”

In case the gift is in the form of property, the recipient must disclose the fair market value of the property on the date of the gift on Form 3520.

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