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Gift Tax between husband and wife (Green card holders)

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    Gift Tax between husband and wife (Green card holders)

    Hi
    I would like to confirm my understanding is correct.
    Between husband and wife , both a resident alien (green card holder )
    the annual exclusion is 152K
    Lifetime exclusion exclusion 11, 180K
    If both are US citizen , no limit to both of the value above.

    Thank you so much helping me !
    Last edited by Will610; 06-29-2019, 12:38 PM. Reason: gift tax, green card

    #2
    I was under the belief that any money transferred between spouses was not subject to gift tax laws if all were alive.

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      #3
      Gift tax has different definitions for this: It is actually US Citizen or "domiciliary". Assuming the Green Card holders are living in the US and seem to be making it their long-term home, they are US persons("domiciliary") for Gift Tax, and therefore there is not limit between spouses. In the event they may not be permanently in the US, then the rules you mentioned could come into play.

      Deloitte has a good booklet:

      https://www2.deloitte.com/content/da...ent-aliens.pdf

      Comment


        #4
        Thank you TaxGuyBill and Dusty2004 for your response. I read the instruction form 709 carefully and understands that green card holders living US is NOT "Nonresidents not Citizens of the United States" and they are qualified for unlimited gift.
        Glad to post here and learned one today.
        Thank you again !

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