Tough tax questions

  1. Prior to her immigration, non resident alien wife direct wire transfers ,000 of her non-US foreign company income) to American husband's checking account so he can pay off a car loan. He saves all documentation regarding the transfer, source of money and loan payoff.

Any reporting requirements or any future tax consequences?

  1. Prior to her immigration, non resident alien wife direct wire transfers the balance of her savings and foreign job severance pay from her foreign bank account to her husband's account. The amount is 0,000 of foreign earned income. Her name cannot be added to the bank account until after her arrival and she obtains a Social Security number.

Would she be better off leaving the entire balance in her foreign bank account and using an ATM card here in the US to make withdrawals as needed? What would happen once she is in the US and wants to use an ATM card to make periodic withdrawals of the money if it is transferred to a domestic account? Future tax consequences? Reporting requirements?

  1. Man takes out a ,000 auto loan to purchase a vehicle. Several years later he finishes paying off the loan with the total payoff totaling about ,000 including interest. He then sells the vehicle, receiving a cashiers or personal check for ,000, which is the exact blue book value.

When he deposits the 20K in his bank account, will this be reported to the IRS under the Currency Reporting Act? Can the sale of the vehicle be reported on his 2008 Form 1040 as a depreciation write-off? Other future consequences or reporting requirements?

Thanks in advance from any experienced CPAs or tax experts.

Reply to
Ed Harper
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Moving money from one place to another is not a taxable event for income tax purposes. Moving money in dribs and drabs because of either paranoia about the government or an effort to make things look like what they aren't is a pretty good way of attracting the government's attention. See Eliot Spitzer.

I think an immigration lawyer.would be the best source of a plan to patriate the soon-to-be resident alien spouse's assets.

Reply to
Phil Marti

No. Only gifts over 100k have to be reported on form 3520 within 90 days of the event, and the penalty for not reporting is 5% of the gift up to a total of 25%. It should in my opinion be 5 to 25% of the amount over 100k, but that's another story.

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The spouse who is a US person must pay taxes on gifts he gives to his spouse who is not a US person, on the amount above a certain threshold. The threshold is currently 125k. Note that the general annual gift exclusion is 12k.

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2782,00.html If the US person is married to a foreign person of the same sex, and in the other country this is recognized as a valid marriage, then would the 125k or the 12k limit apply? I'm guessing that the US would not recognize the marriage, and the 12k limit would apply.

Here is an interesting article:

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Yes, a form 3520 must be filed because the total gifts received for the year is 112k. Even at 90k I would file just to avoid a penalty.

Probably yes because the dollar keeps dropping.

If the account is still in her name, there are no reporting requirements. It's her own money being transferred.

This question is almost the same as: If I buy something for X for personal use then sell it for Y where Y is less than X, do I have to pay taxes? I think the answer is no. Hope someone can qualify this.

There's no depreciation write-off. If anything, when you sell property, you have to recapture depreciation (meaning roughly pay back the taxes you deducted in earlier years). However, only business property (includes rental property or portion of your personal home used for business) is subject to depreciation. I'm guessing that the deposit of 20k would be a reported, but a transfer of 20k between my various accounts at the same institution would not.

Reply to
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