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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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My mom lives in India and non US citizen and want to send me(US

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My mom lives in India and non US citizen and want to send me(US citizen) a gift of $120,000 to buy a house. Do I have to pay gift tax on this money. The instructions in the gift tax form do so that if the donor is not able to pay the gift tax, the donee must pay it.

Robin D :

Hello and thank you for using Just Answer,
If your mother is a Non US person (and never has been one) then you will not need to pay gift tax on the $120,000 she gives to you in the US.
You will need to report the gift on Form 3520. You must report the gift but you will not be taxed on it.

Robin D :

Your mother will have no tax obligation to the US on the gift.

Robin D :

Because your mother in a Non US person, she is not obligated by the US gift tax laws. Yu are in that you must report the gift because it is over $100,000 but you will not have to pay tax on the gift.

Robin D :

I thank you in advance for a positive rating.

Robin D. and other Tax Specialists are ready to help you
Customer: replied 4 years ago.
But the irs instruction sheet does say that if donor does not pay the tax, the donee has to.
That is only if the doner is liable for the tax. Your mother is not liable to the US for taxes as she is a non US person. If she were liable and did not pay, then the receiver of the gift would be obligated to pay. Not in your case. You only need to report the gift.

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