부모님에게 10만불 이상 송금 받기로 했는데, 현재 아버지가 중국에서 근무를 하고 계십니다. 중국 같은 경우에는 소득에 따라 달러 송금 제한이 있어서, 중국에 계신 친구분에게 부탁을 해서 송금을 하려고 합니다. 이런한 경우 Form 3520만 제출 하면 되나요? 그리고 돈으로 작은 비지니스를 오픈 할 예정인데 사용하는것에 문제가 없을까요?
신분은 영주권자 입니다.

무슨 신분 이세요?

영주권자 입니다.

I understand the situation your friend is facing, and it’s essential to approach this carefully. As a green card holder living in the United States, there are several aspects to consider:

1. **Legal Implications**:
– **Green Card Holders and Worldwide Income**: As a green card holder, your friend is subject to U.S. worldwide income and information reporting. This means that they must report their income to the IRS, regardless of where they reside³.
– **Sending Money from China to the U.S.**: While transferring cash from offshore accounts to U.S. accounts is generally not a taxable event, information reporting is crucial. If your friend had more than $10,000 offshore (even for a brief moment), they should file the annual TDF 90-22.1s⁷.
– **Limits on Sending Money from China**: In China, there are limits on sending money abroad. Your friend’s father’s plan to send money under his friend’s name could be risky. It’s essential to understand the legal implications and potential consequences⁸.

2. **Professional Advice**:
– **Consult an Immigration Attorney**: I strongly recommend that your friend consults an immigration attorney or a financial advisor who specializes in cross-border transactions. They can provide personalized advice based on their specific situation.
– **Avoid Money Laundering**: Sending money under someone else’s name could raise suspicions of money laundering. It’s crucial to avoid any actions that might violate legal or financial regulations.

3. **Alternative Solutions**:
– **Gift Tax Considerations**: If your friend’s father wants to gift $100,000, they should be aware of U.S. gift tax rules. Gifts above a certain threshold may be subject to gift taxes. Seeking professional advice can help navigate this.
– **Legal Channels**: Instead of circumventing the system, your friend’s father should explore legal channels for transferring funds. Hiring professionals who specialize in international financial transactions can guide them through the process.

4. **Documentation and Transparency**:
– **Keep Records**: Regardless of the chosen method, maintaining clear records of the transaction is essential. Proper documentation will help demonstrate the legitimacy of the transfer.
– **Transparency**: Encourage your friend’s father to be transparent about the gift. Honesty and compliance with legal requirements are crucial.

In summary, I strongly advise against attempting to bypass legal restrictions. Your friend’s father should seek professional advice, follow legal procedures, and ensure transparency. It’s essential to protect both parties involved and avoid any unintended legal consequences. 🌟

Source: Conversation with Bing, 2/25/2024
(1) US Tax Implications: Worldwide Income for Green Card Holders. https://brighttax.com/blog/us-tax-on-worldwide-income-for-green-card-holders/.
(2) What is the maximum amount of money that a green card holder could …. https://www.avvo.com/legal-answers/what-is-the-maximum-amount-of-money-that-a-green-c-1495936.html.
(3) Transfer money in and out of China: Limits, methods, and regulations – Wise. https://wise.com/en-cn/blog/china-money-transfer-in-and-out-limits-and-regulations.
(4) 48 VISA-FREE Countries for US Green Card Holders [2024 Edition]. https://www.visatraveler.com/blog/visa-free-countries-for-us-green-card-holders/.
(5) The Expat’s Guide to China Permanent Residence (Green Card). https://www.expatden.com/china/china-permanent-residence/.
(6) What You Need to Know About Chinese Green Cards | PTL Group. https://www.ptl-group.com/blog/everything-you-need-and-want-to-know-about-chinese-green-cards/.
(7) International Travel as a Permanent Resident | USCIS. https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident.
(8) Rights and Responsibilities of a Green Card Holder (Permanent … – USCIS. https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident.
(9) Frequently asked questions about international individual tax matters …. https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-about-international-individual-tax-matters.

그냥 인터넷에 물어 봤습니다. AI에게 물어보니, 이렇게 대답을 하네요. 좋은 하루 되세요.

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