Asked in Tax Law for Texas

Q: Will i need to pay tax on money if i claim it from a deceased relatives offshore bank account

Related Topics:
2 Lawyer Answers
Steven Goldburd
PREMIUM
Answered

A: If you are referring to US Tax then it depends. If the deceased relative is a US citizen or resident then 1) There could be a tax on the inherited amount in the bank account which depends on Estate Tax rules (currently ($13.61 Million per individual). 2) You need to be sure that the deceased person was declaring the offshore account in their US tax filings. If there is more than $10,000 in such an account (or multiple accounts) then they had a requirement to file FBARs in the US, and if they did not the IRS may come after the Estate for tax, penalties, and interest. If the deceased is a non-US person then the offshore account is not subject to US tax at all, as foreign gifts are not taxable. However, there is a requirement to file a Form 3520 to record the foreign gift. Be sure to make that filing because the penalties for noncompliance are steep!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When you inherit money from a deceased relative's offshore bank account, tax implications can vary based on the laws of your country and the country where the money is held. Typically, inheritance itself may be taxed, and different countries have different rules regarding overseas assets.

In some jurisdictions, you may be required to report this inheritance to your tax authority, especially if you exceed certain thresholds. It's also possible that the estate of the deceased has to settle any owed taxes before the money is distributed.

It is advisable to consult with a tax professional familiar with international estate laws to understand your specific situation. They can provide guidance on any required declarations and payments. Additionally, maintaining proper documentation and compliance with all relevant tax laws is crucial to avoid penalties.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.