Hi and welcome to Just Answer!
Different expert here. Please allow me to assist...
Here are several issues.
In the US - the gift is NOT a taxable income
for the recipient - regardless of the value.
Please see for reference IRS publication 525 page 31 (left column)- http://www.irs.gov/pub/irs-pdf/p525.pdf
Gifts and inheritances
. In most cases, property you receive as a gift, bequest, or inheritance is not included in your income.
Gift taxes are assessed ti the donor - however if the donor is a nonresident alien - he/she is not under the US jurisdiction - and is not subject of gift tax regulations
Nonresident aliens are only subject of US gift tax is a gifted property is a real or a personal
property located in the US.
The gift tax return
is filed using form
709 - see instructions page 3 - middle column - Nonresidents not Citizens of the United States
- www.irs.gov/pub/irs-pdf/i709.pdf Nonresidents not citizens of the United States are subject to gift and GST taxes for gifts of tangible property situated in the United States
So far - in general - if the money are transferred from one bank account to another bank account in anticipation of the gift - for nonresident alien donor - that is NOT subject of US gift tax.
We need to clarify that a gift of cash by a nonresident alien could be a gift of US tangible personal property if the cash consists of currency (actual bills and coins). In this case - it will be subject of gift taxes, but in case of bank transfer - there is no gift tax liability.
Specifically for gift taxes - if you are looking for references to the US tax law
- see here - http://www.law.cornell.edu/uscode/text/26/2501(a)(2) Transfers of intangible property
Except as provided in paragraph (3), paragraph (1) shall not apply to the transfer of intangible property by a nonresident not a citizen of the United States
Because the US citizens receives a gift from a nonresident alien - there are certain reporting requirements.
Gifts from non-resident aliens above $100,000 are also reported on the form 3520 - http://www.irs.gov/pub/irs-pdf/f3520.pdf
see part IV. There is no tax associated with this reporting.
See for reference this article which contains many references to the statute and court cases - http://www.ttn-taxation.net/pdfs/Speeches_Miami_2011/04-ArturoAballiII.pdf
Let me know if you need any help.