【转帖】准备搬到美国，关于转大额资金到美国IRS的官方回复，帮忙看下104表到底咋回事# ebiz - 电子商务
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发信人: limi (limi), 信区: Money
标 题: 准备搬到美国，关于转大额资金到美国IRS的官方回复，帮忙看下104表到底咋
回事
发信站: BBS 未名空间站 (Wed Apr 6 03:36:52 2011, 美东)
不好意思，刚才在Family版发过一个贴，发现这里可能更合适...
我给IRS发的问题
I am going to move to U.S. from China very soon with L1B visa. I already
got a job offer from a U.S. company. So I will start to work once I
arrive.Since I am going to settle down in U.S., I want to move my money
from China.The total amount could be $250,000.
I have several concerns about tax and the money transferring might need
your clarification:
1) Due to the restriction of banks in China, every people can only wire
$50,000 out during one year. So I may need my parents' wire moneys to me
as gift. Each of my relatives will $50,000 to my U.S. bank account. Is
it legal?
2) Do I need to pay any tax for this $250,000 amount of money after they
are wired to my U.S. bank account.
收到的回复
According to your inquiry, you wish to transfer money from China to the
U.S. because you will soon be moving to the U.S. on an L1B visa to begin
a new job offer. You wish to move $250,000 into a U.S. financial
institution, but you have concerns: 1.) you wish to know if you can wire
$50,000 in one year. You expect family members to wire $50,000 or more
in addition to your initial $50,000; 2.) would you have to pay tax on
the $250,000 after it is wired;
The answers to your inquiry are as follows:
1.) The U.S. allows for the transfer of funds from a foreign
financial institution into a U.S. financial institution. The U.S.
Department of the Treasury requires financial institutions to report
wire transfers of $10,000 or more. Multiple transactions that total
$10,000 or more are also reportable. The transfers must be reported on
the Form FINCEN 104 “Currency Transaction Report.” This form is
available on the IRS website to download, fill-in, and print. The U.S.
bank that the funds are wired to, as well as the bank in China must each
report this form within 15 days from the date of the transaction.
Therefore, the $50,000 increments that you expect to be transferred must
be reported. Penalties may be imposed if the form is not filed.
2.) The money that is transferred is considered income that you are
given as a Non Resident Alien (NRA), from foreign persons or sources,
and is not treated as taxable income. However, the interest, dividends
or other income produced from those deposits after the income is in the
U.S. bank is considered U.S. income. Please be sure to give the U.S.
bank the Form W-8BEN to establish that you are not a U.S. citizen or
resident alien, and to establish the country where you are still
considered a resident, and to establish that you are the beneficial
owner of the income. The bank will have to report the Form 1042-S at
each interval that interest, dividends earned are reported. The interest
of a NRA from bank deposits is not considered taxable income. However,
the dividends are subject to the U.S.-China treaty rate. Should you
reside in the U.S. long enough to pass the Substantial Presence Test,
your interest and dividend income may be reported as taxable income of a
Resident Alien (RA) and subject to reporting on your U.S. tax return.
发信人: limi (limi), 信区: Money
标 题: 准备搬到美国，关于转大额资金到美国IRS的官方回复，帮忙看下104表到底咋
回事
发信站: BBS 未名空间站 (Wed Apr 6 03:36:52 2011, 美东)
不好意思，刚才在Family版发过一个贴，发现这里可能更合适...
我给IRS发的问题
I am going to move to U.S. from China very soon with L1B visa. I already
got a job offer from a U.S. company. So I will start to work once I
arrive.Since I am going to settle down in U.S., I want to move my money
from China.The total amount could be $250,000.
I have several concerns about tax and the money transferring might need
your clarification:
1) Due to the restriction of banks in China, every people can only wire
$50,000 out during one year. So I may need my parents' wire moneys to me
as gift. Each of my relatives will $50,000 to my U.S. bank account. Is
it legal?
2) Do I need to pay any tax for this $250,000 amount of money after they
are wired to my U.S. bank account.
收到的回复
According to your inquiry, you wish to transfer money from China to the
U.S. because you will soon be moving to the U.S. on an L1B visa to begin
a new job offer. You wish to move $250,000 into a U.S. financial
institution, but you have concerns: 1.) you wish to know if you can wire
$50,000 in one year. You expect family members to wire $50,000 or more
in addition to your initial $50,000; 2.) would you have to pay tax on
the $250,000 after it is wired;
The answers to your inquiry are as follows:
1.) The U.S. allows for the transfer of funds from a foreign
financial institution into a U.S. financial institution. The U.S.
Department of the Treasury requires financial institutions to report
wire transfers of $10,000 or more. Multiple transactions that total
$10,000 or more are also reportable. The transfers must be reported on
the Form FINCEN 104 “Currency Transaction Report.” This form is
available on the IRS website to download, fill-in, and print. The U.S.
bank that the funds are wired to, as well as the bank in China must each
report this form within 15 days from the date of the transaction.
Therefore, the $50,000 increments that you expect to be transferred must
be reported. Penalties may be imposed if the form is not filed.
2.) The money that is transferred is considered income that you are
given as a Non Resident Alien (NRA), from foreign persons or sources,
and is not treated as taxable income. However, the interest, dividends
or other income produced from those deposits after the income is in the
U.S. bank is considered U.S. income. Please be sure to give the U.S.
bank the Form W-8BEN to establish that you are not a U.S. citizen or
resident alien, and to establish the country where you are still
considered a resident, and to establish that you are the beneficial
owner of the income. The bank will have to report the Form 1042-S at
each interval that interest, dividends earned are reported. The interest
of a NRA from bank deposits is not considered taxable income. However,
the dividends are subject to the U.S.-China treaty rate. Should you
reside in the U.S. long enough to pass the Substantial Presence Test,
your interest and dividend income may be reported as taxable income of a
Resident Alien (RA) and subject to reporting on your U.S. tax return.