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Does a non USA resident who files his tax return as a US

Hi,Does a non USA resident...
Hi,Does a non USA resident who files his tax return as a US person (based on the days test) can enjoy the Estate And Gift Tax lifetime exclusion of 5.49?Assume that at the time of the gift the tax payer files his tax as a resident alien (1040).Could you please advise.
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Answered in 2 hours by:
6/21/2017
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15,868
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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A person is considered to be domiciled in the US for estate and gift tax purposes if he or she lives in the US and has no present intention of leaving. Determining domicile for US estate and gift tax purposes is different than determining US income tax residence. Thus, you may be a resident for income tax purposes, but not US domiciled for estate and gift tax purposes.
There is an annual exclusion from US gift tax for “present interest” gifts. In 2016, the annual exclusion amount is $14,000 per donee per year.

If you are not domiciled in the US you are not allowed the full lifetime amount like a Citizen.

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Customer reply replied 4 months ago
In my case, the person is domiciled in the USA under an L VISA. The taxpayer lives/ maintains a full life/work/family/home.... in the States for the entire year of 2015, 2016 and the intension is that the person will apply for a green card and stay in the States. For 2015, 2016 the person filed Form 1040 (reported the worldwide income and FBAR) and the person will continue to do the same for the rest of the years.If the person gives $600K in 2016 (as a gift and not as a loan), can the person file a Gift tax return and claim the lifetime amount as a citizen?Please advise.

Then yes they can. The unified (or lifetime) would apply unless the gift is to another non US person

Robin D.
Robin D., Senior Tax Advisor 4
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