Daze Swift Lee


This Note raises taxation issues pertaining to a gift tax on the transfer of property by nonresidents under current United States tax rules. It further illustrates patterns and trends to evade a gift tax using transaction maneuvers. These issues are defined in three categories: a gift tax on the transfer of property situated only within the United States by a nonresident, no gift tax on the transfer of intangible assets, and transferee liability. In response to such issues, this Note calls for corresponding proposals to resolve gift taxation problems. It proposes that a gift tax should be imposed on the transfer of property by a nonresident whether the property is situated inside or outside of the United States. It also proposes that intangible assets transferred by a nonresident should not be exempt from gift taxation. Lastly, this Note proposes that in a gift transaction made by a nonresident, a U.S. donee should be required to withhold a tentative amount of gift tax from the nonresident donor to enhance taxpayer compliance with tax regulations.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.