If a mother loose her permanent residency, can she quit claim deed home back to her U

[curiousv]

A son who is US citizen is considering gifting real estate property to his mother who is permanent resident (green card holder)
He is planning to quit claim deed to her and I believe he or her will not have to pay any excises tax as it will be considered gift? I believe he can do as above, please confirm?

Now if by chance his mother decides to give up her permanent residency or forced by agent at airport to give up because she might not come back within 6 months or due to any reason residency is taken away from here...(so now she is not a US person) ....what will happen to property that now she owns (if son transfers as above)

I believe she can still remain owner but after loosing permanent residency (green card) can she still quit claim back to her son in future? Her son is US citizen...

[inadmissible]

Any person anywhere in the world can own and transfer US property, however they will need the assistance of a US consulate abroad to notarize the transfer document. In Hague convention countries, the consular officer can instead authenticate a locally notarized document.

Exemptions from county-level real property transfer taxes and exemptions from property tax base reassessment are state-specific issues. Don't assume that you will be exempt from both (just because it is child-to-parent) without investigating this issue

You should have a clear understanding of how the federal gift and estate tax rules will impact a non-US domiciled non-US citizen who owns US real property. You should have a clear plan on how you will probate the mothers Testamentary Will in the county the real property is located, in case she dies before transferring the property back to the son.

I assume you have a coherent reason for transferring property back and forth between child and parent, but there may in fact be a more elegant way to accomplish your goals without these transfers

[curiousv]

Any person anywhere in the world can own and transfer US property, however they will need the assistance of a US consulate abroad to notarize the transfer document. In Hague convention countries, the consular officer can instead authenticate a locally notarized document.

Exemptions from county-level real property transfer taxes and exemptions from property tax base reassessment are state-specific issues. Don't assume that you will be exempt from both (just because it is child-to-parent) without investigating this issue

You should have a clear understanding of how the federal gift and estate tax rules will impact a non-US domiciled non-US citizen who owns US real property. You should have a clear plan on how you will probate the mothers Testamentary Will in the county the real property is located, in case she dies before transferring the property back to the son.

I assume you have a coherent reason for transferring property back and forth between child and parent, but there may in fact be a more elegant way to accomplish your goals without these transfers

Thanks a lot...
1. Do u know if India is Hague convention country with USA?
2. I guess you are suggesting that transferring real property as gift to another u.s. person can still be subject to local transfer taxes correct?
3. To my understanding non us domiciled non us person (assuming that mother will loose green card status) can give gift to US person (in case citizen son) but exemption is only $60000 and anything above valued at $60k will be levied up to 40% estate tax...correct me if I am wrong...

[inadmissible]

1) Indeed, India is one of the 113 countries party to the The 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. They have been party to it since 2005. India rIn India the apostille certification can be obtained from the Indian Ministry of External Affairs

2) Yes. Look it up. Google "real property transfer tax exclusions <county, state>" referencing the location of the real property in question. I can help you find a list of exclusions if it is in California

3) There is no exemption amount available for lifetime transfers by non-citizen non-doms of US-situs real & tangible property. The exemption amount for transfers at death by in those cases is $60,000, and that amount is not indexed to inflation the way the US-dom lifetime/testementary transfer exemption is.

[curiousv]

1) Indeed, India is one of the 113 countries party to the The 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. They have been party to it since 2005. India rIn India the apostille certification can be obtained from the Indian Ministry of External Affairs

2) Yes. Look it up. Google "real property transfer tax exclusions <county, state>" referencing the location of the real property in question. I can help you find a list of exclusions if it is in California

3) There is no exemption amount available for lifetime transfers by non-citizen non-doms of US-situs real & tangible property. The exemption amount for transfers at death by in those cases is $60,000, and that amount is not indexed to inflation the way the US-dom lifetime/testementary transfer exemption is.

1. Its pierce county in WA state and I found this link http://apps.leg.wa.gov/wac/default.a...te=458-61A-201

2. Thanks for confirming about exemption amount and clarifying that $60,000 only available for transfer at death.

3. I have one confusion though....we are talking about no exemption for non us non domicile person but in this case ...mother is currently permanent resident and she is since 2013 and until now she has spent 22 months total in USA which can be counted towards citizenship. DOES THIS CHANGE ANYTHING....I mean can she be considered expatriate rather than non us non domicine person(a person who has never been a US person before) .....and if she is considered expatriate does it change anything as far as gift/capital gains/estate taxes?