Posted on 04/03/2024 1:18:33 PM PDT by Red Badger
Two things keep the IRS out of most people's hair: the annual gift tax exclusion and the lifetime exclusion.
Nerdy takeaways:
* A gift tax is a tax owed on the transfer of money or property to another person while receiving nothing or less than full value in return.
* The gift giver is the one who generally pays the tax, not the receiver.
* If you give more than the annual gift tax limit, you may have to file a gift tax return, but this does not necessarily mean that you'll owe taxes on the gift.
* The 2024 annual gift tax exclusion is $18,000. In 2023, it was $17,000.
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Sending a $20 bill with a graduation card? No need to sweat the federal gift tax. But if you're dispersing millions worth of gifts over the course of your lifetime, you may have to cut a few extra checks to the IRS.
What is the gift tax?
The gift tax is a federal tax on transfers of money or property to other people who are getting nothing (or less than full value) in return. Two factors determine how much you can give away before owing taxes on the gifted amount: the annual gift tax limit and the lifetime gift tax limit.
If you exceed the annual limit (also known as the annual gift tax exclusion), you must file a gift tax return with the IRS to report your gift. The excess of your contribution will be added to your lifetime gift tax exclusion. Once you exhaust your lifetime exclusion, you may begin to owe gift taxes.
Who pays the gift tax?
According to the IRS, money or property that is transferred to another person without receiving anything in exchange is a gift. Gifts that exceed a certain value may be subject to a tax. The donor, not the recipient, typically pays the gift tax.
Do you pay taxes when you receive a gift? In most cases, no. Assets you receive as a gift or inheritance typically aren’t taxable income at the federal level. However, if the assets later produce income (perhaps they earn interest or dividends, or you collect rent), that income is probably taxable [1]
. Also, keep in mind that while there is no federal inheritance tax, some states may impose their own.
Is the gift tax deductible?
Gifts of cash or property to family or friends are not tax deductible. Only charitable donations to qualified nonprofits may be tax-deductible [2] .
How the annual gift tax exclusion works
The annual exclusion is a set dollar amount that you may gift someone without reporting it to the IRS on a gift tax return. The 2023 gift tax exclusion was $17,000, and the 2024 gift tax exclusion is $18,000.
If you give away more than the annual exclusion amount in cash or assets (for example, stocks, land, a new car) to any one person during the tax year, you will need to file a gift tax return in addition to your federal tax return the following year.
That doesn’t mean you have to pay a gift tax — it just means you need to submit IRS Form 709 to disclose the gift.
The annual exclusion is per recipient, not the sum total of all your gifts. That means, for example, that you can gift $18,000 to your cousin, another $18,000 to a friend, another $18,000 to a neighbor, and so on in 2024 without having to file a gift tax return in 2025.
If you’re married, you and your spouse could each give away $18,000 in 2024 without needing to file a gift tax return in 2025. If you want to combine your annual exclusions to give someone $36,000, you can choose to take advantage of "gift splitting" [3] .
Gifts between spouses are unlimited and generally don’t trigger a gift tax return. Although, if the spouse isn't a U.S. citizen, special rules may apply [4] .
Gifts to qualified nonprofits are charitable donations, not gifts.
Gift tax limit 2023
The 2023 gift tax limit was $17,000. For married couples, the limit was $17,000 each, for a total of $34,000. This amount, formally called the annual gift tax exclusion, is the maximum amount you can give a single person without reporting it to the IRS.
If you gifted more than this sum, you must file a federal gift tax return, Form 709, in 2024 [5] .
If you exceeded the annual exclusion in 2023 and have to notify the IRS, you still might not have to pay any taxes unless you have also gone beyond the additional lifetime gift tax exclusion.
Gift tax limit 2024
The 2024 gift tax limit is $18,000. For married couples, the limit is $18,000 each, for a total of $36,000. Gifting more than this amount means you must file a federal gift tax return in 2025.
How the lifetime gift tax exclusion works
In addition to the annual gift tax exclusion, you get a lifetime gift tax exclusion. This means that any amount that you gift over the annual limit is added to your lifetime limit. Once you've gifted over your lifetime amount, you may begin to owe taxes.
“Think about buckets or cups,” says Christopher Picciurro, a certified public accountant and co-founder of accounting and advisory firm Integrated Financial Group in Michigan. Any excess “spills over” into the lifetime exclusion bucket.
The gift tax return that you need to file if you exceed the annual limit simply keeps track of that lifetime exclusion. So if you don't gift anything during your life, then you have your whole lifetime exclusion to use against your estate when you die. Learn more about how estate tax works.
2023-2024 lifetime gift tax exemption
The 2024 lifetime gift limit is $13.61 million. In 2023, the lifetime gift tax limit was $12.92 million. And because it’s per person, married couples can exclude double that in lifetime gifts.
For example, if you give your brother $50,000 in 2024, you’ll use up your $18,000 annual exclusion. The bad news is that you’ll need to file a gift tax return in 2025, but the good news is that you probably won’t pay a gift tax. Why? Because the extra $32,000 ($50,000 - $18,000) simply counts against your lifetime exclusion. Next year, if you give your brother another $50,000, the same thing happens: you use up your annual exclusion and whittle away another portion of your lifetime exclusion.
Another trick that can help you avoid an unwanted surprise is simply keeping an eye on the calendar. In 2026, the lifetime exclusion amount will revert back to its pre-2018 level of about $5 million (as adjusted for inflation) per individual [6] .
How much is the gift tax rate?
Taxpayers typically only pay gift tax on the amounts that exceed the allotted lifetime exclusion, which was $12.92 million in 2023 and $13.61 million in 2024. Gift tax rates range from 18% to 40%.
There are, of course, exceptions and special rules for calculating the tax, so check the instructions for IRS Form 709 for all the details [5] .
Taxable amount Rate of tax
up to $10,000 18%
$10,001 to $20,000 20%
$20,001 to $40,000 22%
$40,001 to $60,000 24%
$60,001 to $80,000 26%
$80,001 to $100,000 28%
$100,001 to $150,000 30%
$150,001 to $250,000 32%
$250,001 to $500,000 34%
$500,001 to $750,000 37%
$750,001 to $1,000,000 39%
$1,000,000 and over 40%
How to avoid gift tax
What can trigger a gift tax return? Caring is sharing, but some situations inadvertently lead to a gift tax return, pros say.
Gifting large sums of money to family
If grandparents put, say, $40,000 in a 529 plan for a grandchild, that may trigger the gift tax exclusion because it's over the limit.
A special rule allows gift givers to spread one-time gifts across five years’ worth of gift tax returns to preserve their lifetime gift exclusion [8] .
Paying for vacations, cars or other stuff
If you gift your child $40,000 to help with wedding costs or offer to pay for an expensive honeymoon, this could trigger a gift tax return.
If you’re paying tuition or medical bills, paying the school or hospital directly can help avoid the gift tax return requirement (see the instructions to IRS Form 709 for details) [5] .
Laid-back loans
Lending money to friends and family can be tricky, and the IRS can make it even worse. It considers interest-free loans as gifts. Or, if you lend them money and later decide they don't need to repay you, that's also a gift.
Joint bank accounts
“Let’s say you live by Grandma, so for convenience, we're going to put you on Grandma's bank account. Guess what just happened?” Picciurro says. “If you're put as a joint [owner] on a bank account with somebody and you have the right to take the money out at any time, essentially Grandma is giving you a gift.” This applies to joint accounts when the other owner is not your spouse.
thanx red
The annual exclusion is a set dollar amount that you may gift someone without reporting it to the IRS on a gift tax return. The 2023 gift tax exclusion was $17,000, and the 2024 gift tax exclusion is $18,000. ...
If you give away more than the annual exclusion amount in cash or assets (for example, stocks, land, a new car) to any one person during the tax year, you will need to file a gift tax return in addition to your federal tax return the following year.
That doesn’t mean you have to pay a gift tax — it just means you need to submit IRS Form 709 to disclose the gift.
Does Xi have to disclose all the gifting to Biden?
Yes. To the General Assembly...............
I wish I had a huge gift tax problem.
One imagines the Bolsheviks who wrote these laws sitting around griping about how unfair it was that kid they grew up with got lots of free money from his rich parents. :)
Generally speaking, hasn’t the income that’s being gifted already been subject to tax? If I made $100,000 last year, declared it on my returns, and paid taxes, why does the Fed need to know where I give it away?
does this work the same for a “gift” from a trust?
So what happens if you’ve given away (in prior years) more than $5 million but less than $13.61 million, and 2026 comes around? How will this impact the taxation of your estate when you die in a subsequent year?
“Let’s say you live by Grandma, so for convenience, we're going to put you on Grandma's bank account. Guess what just happened?” Picciurro says. “If you're put as a joint [owner] on a bank account with somebody and you have the right to take the money out at any time, essentially Grandma is giving you a gift.” This applies to joint accounts when the other owner is not your spouse.
A lot of people have joint bank accounts with elderly parents or relatives - for the sake of convenience and security. How the heck would the IRS enforce a stupid rule like this.
Bribes are a business expense.
Most of the examples are gifts to family. Can a gift be given to a friend or acquaintance?
This subject is actually near deer to my heart. My wife just inherited $140,000 due to a loss in her side of the family. She plans on giving half of it to her brother who didn’t inherit anything. My understanding is we can give him the whole 70,000 which I understand is over the annual limit but we simply file the 709 to say that we did it and we won’t be taxed on it. And we wouldn’t actually have to pay taxes until we exceeded $13 million in gifts to one individual . Am I correct?
You are correct.
Thank you for the response. :)
Sounds correct, but ask a accountant.......
The reason is that the Feds apply the amount given to the recipient’s modified AGI; they use the MAGI to compute the extra premium amounts you owe for Medicare Part D, etc. Therefore, all that federally-exempt income that your investments earn is indeed taxed and deducted from your federal benefit.
By having the banks report it to them.
For the non-wealthy it's not really a problem, and wealthy people still have substantial estate and gift tax exemptions.
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