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  #10  
Old 04-30-2008, 01:21 AM
mich_b01
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Posts: n/a
Default Re: Wire Transfer for home purchase

On Apr 25, 11:25*am, "Taylor" <tay...[at]nospam2me.com> wrote:
- quote -

> "mich_b01" <bmichael...[at]gmail.com> wrote in message
> news:dba2ec4f-28ec-4f3a-adef-84a05cef6585[at]c58g2000hsc.googlegroups.com...
> > We have a tax client who received a wire transfer of $15,000 from
> > oversees
> > to purchase a home in the USA *Is the wire transfer considered a gift
> > or a
> > taxable event?

> I believe if you bring into the country over $10,000, you may have to pay a
> customs duty.
> > ========================================= MODERATOR'S COMMENT:
> > Facts & Circumstances. *What was the intent of the transfer?
> > Why do you think it is not a gift? Is T filing NR?


Many thanks.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #9  
Old 04-29-2008, 04:46 PM
Atticus
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Posts: n/a
Default Re: Wire Transfer for home purchase

It wouid be a gift to the client unless he sold something or if it was in
exchange for services he performed for the sender.


"mich_b01" <bmichaels24[at]gmail.com> wrote in message
news:dba2ec4f-28ec-4f3a-adef-84a05cef6585[at]c58g2000hsc.googlegroups.com...
- quote -

> We have a tax client who received a wire transfer of $15,000 from
> oversees
> to purchase a home in the USA Is the wire transfer considered a gift
> or a
> taxable event?
> ========================================= MODERATOR'S COMMENT:
> Facts & Circumstances. What was the intent of the transfer?
> Why do you think it is not a gift? Is T filing NR?


--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #8  
Old 04-29-2008, 04:35 PM
Taylor
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Posts: n/a
Default Re: Wire Transfer for home purchase


"John Levine" <johnl[at]iecc.com> wrote in message
news:fv5bel$1qhk$2[at]gal.iecc.com...
- quote -

> > > > I believe if you bring into the country over $10,000, you may have to
> > > > pay a customs duty.
> > > > > Uh, no. Guessing isn't helpful.
> > > > > A quick look at the CBP web site confirms that if you carry $10,000 or
> > > more in cash or "monetary instruments" you have to file a FinCEN 105
> > > form.
> > > The form 105 is used to notify the IRS to see if you must pay a tax, not a

> > custom duty.

> Actually, no. FinCEN 105 is about money laundering, which is why it
> applies to cash taken out of the country as well as brought in. It's
> perfectly legal to carry all the cash you want, so long as you're not
> doing something illegal with it such as buying or selling drugs.
> > So I was mostly right.

> Whatever you say.
> Incidentally, none of this applies to money wired in or out, or to
> checks (unless they are signed and don't have the payee's name) so
> it's irrelevant to the original question.
> R's,
> John


Form 105 is used to notify the IRS for income tax reporting purposes and for
money laundering purposes (http://www.irs.gov/irm/part11/ch03s25.html). An
individual carrying monetary instruments must file it. Certain bank
transactions, such as a wire transfer of $10,000, are already reported to
the IRS by the bank, so the individual does not need to file a duplicate
report.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 04-28-2008, 08:43 PM
John Levine
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Posts: n/a
Default Re: Wire Transfer for home purchase

- quote -

> > > I believe if you bring into the country over $10,000, you may have to
> > > pay a customs duty.
> > > Uh, no. Guessing isn't helpful.
> > > A quick look at the CBP web site confirms that if you carry $10,000 or

> > more in cash or "monetary instruments" you have to file a FinCEN 105
> > form.

> The form 105 is used to notify the IRS to see if you must pay a tax, not a
> custom duty.


Actually, no. FinCEN 105 is about money laundering, which is why it
applies to cash taken out of the country as well as brought in. It's
perfectly legal to carry all the cash you want, so long as you're not
doing something illegal with it such as buying or selling drugs.

- quote -

> So I was mostly right.

Whatever you say.

Incidentally, none of this applies to money wired in or out, or to
checks (unless they are signed and don't have the payee's name) so
it's irrelevant to the original question.

R's,
John

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 04-28-2008, 06:15 PM
Taylor
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Posts: n/a
Default Re: Wire Transfer for home purchase


"John Levine" <johnl[at]iecc.com> wrote in message
news:fusv8n$pea$1[at]gal.iecc.com...
- quote -

> > I believe if you bring into the country over $10,000, you may have to
> > pay a customs duty.

> Uh, no. Guessing isn't helpful.
> A quick look at the CBP web site confirms that if you carry $10,000 or
> more in cash or "monetary instruments" you have to file a FinCEN 105
> form.


The form 105 is used to notify the IRS to see if you must pay a tax, not a
custom duty.

So I was mostly right.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 04-26-2008, 01:19 AM
Han
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Posts: n/a
Default Re: Wire Transfer for home purchase

Tom Russ <tar[at]isi.edu> wrote in news:18ef1b4e-f959-424c-8a78-
c4b37359167d[at]i36g2000prf.googlegroups.com:

- quote -

> If the $15k was a transfer of funds from an overseas account owned by
> the tax client to his US account, it would not be taxable.


In this case there may be capital gains taxes due to exchange rate change
between acquiring the funds in the UK and transferring them to the US.

--
Best regards
Han
email address is invalid

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 04-25-2008, 04:23 PM
Tom Russ
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Posts: n/a
Default Re: Wire Transfer for home purchase

On Apr 24, 6:45*pm, mich_b01 <bmichael...[at]gmail.com> wrote:
- quote -

> We have a tax client who received a wire transfer of $15,000 from
> oversees
> to purchase a home in the USA *Is the wire transfer considered a gift
> or a
> taxable event?


Well, that depends on additional information that you haven't
provided, namely why the wire transfer was made.

If the $15k was a gift, say from parents or other relatives, then it
is a gift.
If the $15k was payment for services, then it would be earned income
and thus taxable.
If the $15k was a transfer of funds from an overseas account owned by
the tax client to his US account, it would not be taxable.
There are other scenarios possible as well, some of which would be
taxable.

Also, there may be reporting requirements as well.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 04-25-2008, 04:20 PM
John Levine
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Posts: n/a
Default Re: Wire Transfer for home purchase

- quote -

> I believe if you bring into the country over $10,000, you may have to
> pay a customs duty.


Uh, no. Guessing isn't helpful.

A quick look at the CBP web site confirms that if you carry $10,000 or
more in cash or "monetary instruments" you have to file a FinCEN 105
form.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 04-25-2008, 04:19 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Re: Wire Transfer for home purchase

On Apr 24, 6:45 pm, mich_b01 <bmichael...[at]gmail.com> wrote:

- quote -

> We have a tax client who received a wire transfer of $15,000 from
> oversees
> to purchase a home in the USA Is the wire transfer considered a gift
> or a
> taxable event?


If the gift is from a person then no. If the total gifts from a
related people are 100k or more, then you have to file form 3520
within 90 days of the event, and the penalties for failing to file of
filing late are (too) steep. There is no tax due, just the
requirement to file.

If the gift is from a corporation and the amount if over 14k or so,
then the US recipient has to pay tax.

http://www.irs.gov/pub/irs-pdf/i3520.pdf

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 04-25-2008, 03:25 PM
Taylor
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Posts: n/a
Default Re: Wire Transfer for home purchase


"mich_b01" <bmichaels24[at]gmail.com> wrote in message
news:dba2ec4f-28ec-4f3a-adef-84a05cef6585[at]c58g2000hsc.googlegroups.com...
- quote -

> We have a tax client who received a wire transfer of $15,000 from
> oversees
> to purchase a home in the USA Is the wire transfer considered a gift
> or a
> taxable event?


I believe if you bring into the country over $10,000, you may have to pay a
customs duty.


- quote -

> ========================================= MODERATOR'S COMMENT:
> Facts & Circumstances. What was the intent of the transfer?
> Why do you think it is not a gift? Is T filing NR?


--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 04-25-2008, 11:58 AM
Phil Marti
Guest
 
Posts: n/a
Default Re: Wire Transfer for home purchase

"mich_b01" wrote:

- quote -

> We have a tax client who received a wire transfer of $15,000 from
> oversees
> to purchase a home in the USA Is the wire transfer considered a gift
> or a
> taxable event?


The transfer of cash in itself is never a taxable event to the recipient. I
believe a transfer from overseas in this amount is reportable to Treasury.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-25-2008, 01:45 AM
mich_b01
Guest
 
Posts: n/a
Default Wire Transfer for home purchase

We have a tax client who received a wire transfer of $15,000 from
oversees
to purchase a home in the USA Is the wire transfer considered a gift
or a
taxable event?

========================================= MODERATOR'S COMMENT:
Facts & Circumstances. What was the intent of the transfer?
Why do you think it is not a gift? Is T filing NR?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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home, purchase, transfer, wire
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