Any Way To Receive Gift From Foreigner But Have Income Go to Foreigner?

Person A is a US Citizen. Person B is a Brazilian citizen who is NOT a US Citizen and is NOT a US resident. As part of estate planning, Person B decides to give Person A a gift prior to their death. Under US tax law, the giver is taxed, and since the giver in this case is not a taxable US entity the gift itself is tax free to Person A. The income on that gift is taxable under US law to Person A, from the point the gift is received.

Is there a way to structure that transaction so that the income on this gift is for the benefit of Person B during the remainder of Person B's lifetime, hence tax-free to Person A since Person A is not the beneficiary? Could you set up a revocable US trust that has as the income beneficiary Person B, and is there a provision in US trusts to have the income go to a foreign citizen tax free? Any excess income retained by the trust could either be retained in the trust and taxed at the US rate for trusts, or given to Person A and taxed at Person A's individual rate.

Reply to
W
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You're talking about gift tax, of course. There is no gift tax on donors who are non-citizen, non-residents of the US, if the gift given was no located in the US at the time of the gift.

If it's A's property, he's taxed on the income derived from it, yes.

Only if it's not a completed gift. In other words B can give it to A, but if it remains B's property, then it's B's income tax.

Not if the property is located in the US - it would be US based income, so B would likely be taxed on it.

It might be possible to do something like that. But it's a lot more complicated than can be dealt with here. You should go see a tax lawyer and accountant in person to figure out what, if anything, can be done.

Reply to
Stuart A. Bronstein

Is there a way to structure that transaction so that the income on this gift is for the benefit of Person B during the remainder of Person B's lifetime, hence tax-free to Person A since Person A is not the beneficiary? Could you set up a revocable US trust that has as the income beneficiary Person B, and is there a provision in US trusts to have the income go to a foreign citizen tax free? Any excess income retained by the trust could either be retained in the trust and taxed at the US rate for trusts, or given to Person A and taxed at Person A's individual rate. ==== You probably want to avoid this. It will cause foreign trust reporting under FATCA for the U.S. citizen. When the trust finally distributes to the U.S. citizen, see form 3520.

Using a U.S. based trust will cause foreign-person reporting via form 1042.

Either way, this is messy -- and beyond my experience. You probably need someone better versed in international tax issues.

Reply to
D. Stussy

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