On 5/23/12 8:13 AM, removeps-groups wrote:
> "Confused"<*@
lippman.info> wrote in message
> news:7ce76a37-1d6e-4b3d...@googlegroups.com...
>
>> My wife and I have accounts at Fidelity, and I have an account at Etrade.
>> I want to move everything from her Fidelity
>> account into my Fidelity account and move everything from my Etrade into a
>> new account in her name at Etrade.
>
> Are both of you US citizens, or are both of you non-US citizens? If both
> are US citizens then no limit. If one a US citizen and the other not then
>
> BEGIN QUOTE
http://www.irs.gov/irb/2011-45_IRB/ar13.html
>
> (2) For calendar year 2012, the first $139,000 of gifts to a spouse who is
> not a citizen of the United States (other than gifts of future interests in
> property) are not included in the total amount of taxable gifts under §§
> 2503 and 2523(i)(2) made during that year.
>
> END QUOTE
>
> Now a gifts between two green card holders, I don't know if there is a
> limit. Or gifts from an H-1B or other visa who elects to be taxed as a US
> resident, not sure if there is a gift tax.
>
The relevant gift tax law only deals with whether you are a US citizen
or not. And, if not a US citizen, whether you are a foreign citizen
domiciled in the US or not. The law does not concern itself with your
tax status as a resident alien or nonresident alien.
So, if one of the spouses happens to be a foreign citizen domiciled in
the US, then the $139,000 gift tax limit is applicable. This is true
even if the spouse is a resident alien of the US for income tax
purposes. If that spouse was not domiciled in the US, then gifts between
the spouses would be unlimited, as the law would treat the nondomiciled
foreign spouse the same way it treats a US citizen.
Note, that for reporting gifts received in excess of $100,000 on Form
3520, only a gift from a nonresident alien in excess of $100,000 would
have to be reported. A gift from a resident alien in excess of $100,000
would not have to be reported.
--
Alan
http://taxtopics.net