This is one of the most misunderstood areas in cross-border planning. The answer is:

👉 Yes—but with an important twist.

💵 1️⃣ Is Cash Tangible Property?

Under

Internal Revenue Code principles:

• The IRS generally treats cash as tangible personal property

👉 This means:

• In theory, it can fall within the U.S. gift tax net for non-resident aliens (NRAs)

🌍 2️⃣ The Critical Factor: Location (Situs)

For gift tax purposes, what really matters is:

👉 Where the cash is located at the time of the transfer

Cash in the U.S.:

• Physically located in the U.S.

• Gift by an NRA → subject to U.S. gift tax

Cash outside the U.S.:

• Held in a foreign bank account

• Transferred abroad → not subject to U.S. gift tax

Because cash is:

• Tangible in nature

• But location-dependent in taxation

👉 This allows structuring based on where the transfer occurs

Example:

• Transfer from a U.S. account → taxable

• Transfer from a foreign account → outside U.S. gift tax scope

This interpretation has been supported by:

• Private letter rulings (PLRs)

• IRS administrative practice

👉 While not binding precedent, they provide strong guidance on IRS thinking

• Assuming all cash is treated the same ❌

• Ignoring the timing and location of transfer

• Failing to document where funds were held

👉 The IRS may challenge:

• Situs

• Substance of the transfer

• Movement of funds

For non-resident aliens:

• Cash is generally treated as tangible property

• But taxation depends entirely on location

In practice:

The same cash can be taxable or not—depending purely on where it sits at the moment of transfer.