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Question

Gifting real estate to non us resident spouse

Forum|Forum|10 months ago
May 9, 2025
2 replies
0 views

I am a resident of US and my wife is a resident of Canada (non resident of US). I would like to gift my spouse part of my house located in US, using yearly gift tax exclusion, being $190,000 for 2025. I intend to repeat this every year going forward.

What are the tax consequences of doing this, especially in respect to gift tax, capital gains tax for my spouse if she ever decides to sell, the estate tax etc.

Only gifts that exceed $185,000 made during the year to a non-US citizen spouse need to be reported on IRS Form 709.

The exclusion is $190,000 for the 2025 tax year.

The basis that the donee will take will be the donor's basis or the FMV on the date of the gift, which is LESS.

If done every year, the FMV is likely to change each year. The basis may also change if improvements to the property are made by the donor.