§ 6039F. Notice of large gifts received from foreign persons
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/usc/title-26/section-6039fA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general If the value of the aggregate foreign gifts received by a United States person (other than an organization described in section 501(c) and exempt from tax under section 501(a)) during any taxable year exceeds $10,000, such United States person shall furnish (at such time and in such manner as the Secretary shall prescribe) such information as the Secretary may prescribe regarding each foreign gift received during such year.
(b)Foreign gift For purposes of this section, the term “foreign gift” means any amount received from a person other than a United States person which the recipient treats as a gift or bequest. Such term shall not include any qualified transfer (within the meaning of section 2503(e)(2)) or any distribution properly disclosed in a return under section 6048(c).
(c)Penalty for failure to file information
(1)In general If a United States person fails to furnish the information required by subsection
(a)with respect to any foreign gift within the time prescribed therefor (including extensions)—
(A)the tax consequences of the receipt of such gift shall be determined by the Secretary, and
(B)such United States person shall pay (upon notice and demand by the Secretary and in the same manner as tax) an amount equal to 5 percent of the amount of such foreign gift for each month for which the failure continues (not to exceed 25 percent of such amount in the aggregate).
(2)Reasonable cause exception Paragraph
(1)shall not apply to any failure to report a foreign gift if the United States person shows that the failure is due to reasonable cause and not due to willful neglect.
(d)Cost-of-living adjustment In the case of any taxable year beginning after December 31, 1996, the $10,000 amount under subsection
(a)shall be increased by an amount equal to the product of such amount and the cost-of-living adjustment for such taxable year under section 1(f)(3), except that subparagraph (A)(ii) thereof shall be applied by substituting “1995” for “2016”.
(e)Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
(Added Pub. L. 104–188, title I, § 1905(a), Aug. 20, 1996, 110 Stat. 1913; amended Pub. L. 115–97, title I, § 11002(d)(13), Dec. 22, 2017, 131 Stat. 2062.)
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Connections2 cite this · traces to 3
Cited by 2 sections
4 references not yet in our index
- Pub. L. 104–188, title I, § 1905(a)
- 110 Stat. 1913
- 131 Stat. 2062
- Pub. L. 104–188, title I, § 1905(c)
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cites case law
§ 6039F
Notice of large gifts received from foreign persons
U.S.C.×2
Pub. L.Pub. L. 104–188, title I, § 1905(a)
Stat.110 Stat. 1913
Stat.131 Stat. 2062
Pub. L.Pub. L. 104–188, title I, § 1905(c)
Cites 7Cited by 2 across 1 source