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Correcting a gift tax return Form: What You Should Know

This series will teach tax advisers and compliance professionals to provide the IRS with information on what is reported correctly on the US Gift (and Generation-Skipping Transfer) return. The course will go beyond merely presenting the report as it is reported. We will demonstrate using charts, photos, graphs, and other examples to show the error and the correct reporting as reported on the US Gift (and Generation-Skipping Transfer) return. The IRS can audit all US gifts that are reported on all forms 8379 and 8379-A, for gift tax purposes. There is a separate form for each person that gives the gift. These gifts must be reported on both the 1040 Gift and Notice of Gifting. If you are a person in a foreign country, and you make a US gift to a non-resident alien who is a resident of the United States, no gift tax is charged if the gift is 250 or less. This means that any non-resident alien who is a resident of the United States and is a nonresident alien and who makes a US gift of 250 or less will not be subject to gift tax. However, the person making the gift must file a notice with the IRS to report any US gifts that were made that were greater than 250, which is included in Part II. See also: Form 2023, Form 2028, Form 2032 and Form 2034. If a person is a nonresident alien and makes a non-US gift during the 365-day period beginning 30 days before the non-resident alien's last day of residency in a specified United States territory, such a gift will be subject to gift tax. If you make a gift of more than 25,000 during this period, you will have to report it on Form 2350 (or Form 2450 when filing electronically) and pay gift tax on the amount over the 25,000 as if it were a gift. Note: You would not be required to pay any gift taxes if: You are a resident alien individual, and you are the recipient of any USG gifts (generally 250 or less) by a non-resident alien or foreign corporation. Gifts made by a partnership or trust between corporations are eligible for Part I gift tax treatment.

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