gift tax Canada to US.- David Ingram expert income tax help and preparation of US Canada Mexico non-resident and cross border re

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.
-------------------------------------------
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Disclaimer:  This question has been answered without detailed information or
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