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    apparitions's Avatar
    apparitions Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 13, 2012, 04:16 PM
    Gift tax? What to expect during filing.
    I am a citizen of the USA. My spouse who is not and who does not have a ITIN number purchased a home in my name. He is on a tourist visa. Is this property subject to gift tax?

    Fair market value - 13K = amount subject to gift tax

    Is that right? Is this what I can expect when I file?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Nov 14, 2012, 03:11 AM
    If your spouse is nonresident and does not file joint return as residents, then he is not subject to US taxes.
    Only the donor pays the taxes. You are receiver of the gift and does not pay any tax.
    The gift tax exclusion of $13,000 is for any other individual except spouse. Generally gifts to spouse are not taxable. Your U.S. Tax Return: The U.S. Gift Tax
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Nov 14, 2012, 07:21 AM
    MukutaA has it right.

    Spouses are generally not liable for gift taxes on gifts to each other.
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