My_question_is: Applicable to both US and Canada Subject: gift tax Expert: taxman at centa.com Date: Sunday January 21, 2007 Time: 10:58 PM -0500 QUESTION: Hi. My grandparents died in Vancouver in 2005 and they left my mom a sizable inheritance. She already paid her tax dues to Canada last year. She recently called me to say that she wants to remit $50,000 (Cdn) to my US bank account from her inheritance windfall. Do I need to report this on my federal and/or California state tax return or is this tax free? By the way, I am a nonresident of Canada and a US green card holder. Many thanks for your reply. ---------------------------------------------------------------------------- ----- david ingram replies: The payer pays the gift tax. The recipient does not. Since your mother is not a US resident or citizen and the money is in Canada, there is no liability for her to pay US gift tax. I would be happier if she deposited it to a Canadian account in your name and you transferred it to yourself from Canada. In these circumstances, if it was determined that she was a US citizen and she did not pay the tax, the recipient can be billed for it. If, she had a bank account in the US and gave you the money from that bank account there is also a gift tax liability. ------------------------------------------- David Ingram's US / Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists My Home office is at: 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Cell (604) 657-8451 - (604) 980-0321 Fax (604) 980-0325 Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com <http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/> Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com <http://www.centa.com> . If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority. This from "ask an income trusts tax and immigration expert" from www.centa.com <http://www.centa.com/> or www.jurock.com <http://www.jurock.com/> or www.featureweb.com <http://www.featureweb.com/> . 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