International Tax
US Tax Attorney for Americans in China and Chinese Nationals with US Ties
The US-China tax community includes US expats working in mainland China, Chinese nationals with Green Cards or US business interests, and US persons who have received large gifts or inheritances from Chinese family members. Each situation carries distinct US reporting obligations.
Key US Tax Issues for China
Foreign Gifts from Chinese Parents
A U.S. person generally reports gifts or bequests totaling more than $100,000 during a tax year from a nonresident alien individual or foreign estate on Form 3520. Gifts from related donors must be aggregated where required. Purported gifts from foreign corporations or partnerships have a separate, annually adjusted threshold; check the IRS amount for the year received. Gifts and inheritances are generally excluded from income, but exceptions and separate reporting obligations can apply, including rules for covered expatriates and foreign trusts.
Chinese Bank Accounts
US persons with accounts at Chinese banks must file FBARs if the aggregate value exceeds $10,000. Enforcement against US persons with undisclosed Chinese accounts has increased.
Inherited Chinese Assets
US persons who inherit Chinese real estate, bank accounts, or business interests have both Form 3520 reporting obligations (if over $100,000) and potential capital gain reporting obligations if the inherited assets are later sold.
Green Card Holders with China-Source Income
Chinese nationals who are US permanent residents (Green Card holders) must report worldwide income — including Chinese salary, rental income, business income, and investment income — on US returns.
Common Questions
Is a gift from my parents in China reportable in the US?
If the aggregate gifts from foreign individuals exceed $100,000 in a year, you must file Form 3520. The gift is generally not taxable, but failure to report can lead to penalties; relief depends on the facts.
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Country-specific IRS and court information
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