[taxabletalk] Russ: When You Have to Report a Gift
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Tue Dec 2 11:16:15 EST 2008
Posted by Russ:
When You Have to Report a Gift
http://www.taxabletalk.com/posts/1228234570.shtml
One question that I'm often asked are about gifts. I've just received
a large gift or inheritance; must I pay tax on it? The good news is
that gifts aren't taxable to the recipient (if the gift is interest
bearing, such as a gift of money in a savings account, you will owe
tax on the interest received).
Unfortunately, there are gifts that must be reported even though
they're not taxed. If you receive a gift of more than $100,000 from a
non-resident alien individual, or a gift of more than $13,258 from a
foreign corporation or a foreign partnership, it must be reported to
the IRS on [1]Form 3520. The penalty for not reporting the gift is 5%
of the value of the gift per month late, up to a maximum of 25%. There
are special rules if you are the recipient of a gift from a foreign
trust.
Note that Form 3520 is filed separately from your tax return but is
due on the same date as your tax return (including extensions). [2]The
IRS has more in this release. Note that the link in the release to the
[3]Form 3520 instructions is invalid; the link I have provided works.
[4]
Hat Tip: Roth Tax Updates
References
1. http://www.irs.gov/pub/irs-pdf/f3520.pdf
2. http://www.irs.gov/businesses/article/0,,id=200722,00.html
3. http://www.irs.gov/pub/irs-pdf/i3520.pdf
4. http://www.rothcpa.com/archives/004243.php
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