Gift taxes in the United States can be confusing, leading to numerous misconceptions. Many individuals believe that the recipient of a gift is responsible for reporting and paying taxes on it.
In this informative article, we will debunk these myths and provide clear examples and guidelines to help you navigate the gift tax system. From understanding the roles of the donor and the donee to exploring the gift tax exclusion and reporting obligations, this article aims to simplify the process and provide valuable insights.
So, let’s delve into the world of gift taxes and gain a better understanding of how they work in the United States.
Roles of the Donor and the Donee
Clarifying Responsibilities and Reporting Obligations
Gift taxes are primarily the responsibility of the donor rather than the donee. The donor is the individual who gives the gift, while the donee is the recipient. Contrary to popular belief, the recipient generally does not have to worry about reporting the gift or paying any taxes on it.
The burden of reporting the gift and paying any applicable gift taxes falls on the donor. This means that if you receive a gift of property or cash from a friend, aunt, or uncle, you are not responsible for handling the tax obligations associated with it.
However, there are exceptions to this rule. One significant exception is when gifts are received by non-U.S. persons. For instance, if John, a U.S. citizen residing in Miami, receives a gift from his aunt, who is a citizen and tax resident of Germany, the filing obligation and tax liability rest with John because his aunt is not a U.S. person.
Such cases may require the donee to fulfil reporting requirements, but in the majority of situations, gift taxes are applicable when a U.S. person gifts property to another U.S. person.
Gift Tax Exclusion
Exploring the Annual Exclusion and Its Benefits
One important aspect of gift taxes is the annual exclusion, which allows individuals to make tax-free gifts up to a certain amount each year. For the year 2021 (and similarly for 2020), the gift tax exclusion stands at $15,000 per donor per recipient.
This exclusion amount is subject to periodic adjustments for inflation. Understanding this exclusion is crucial because it enables U.S. persons to give gifts up to this threshold without having to report them or be liable for gift taxes.
Families often take advantage of the annual exclusion by making annual gifts within or below this amount. By doing so, they can reduce their taxable estate without the need for reporting or incurring any gift tax liability.
For example, James, a U.S. citizen, decides to give $14,000 each to his friends Amy, Mark, and Brian. Since the total amount of James’s gifts is $42,000 (14,000 x 3), which is below the $15,000 exclusion per recipient, he is not required to file Form 709 (Gift Tax Return) or be liable for any gift tax.
However, it’s important to note that if James were to gift $17,000 to Amy in 2021, a reporting obligation would arise. In this case, James would need to file Form 709 because he gifted an amount exceeding the annual exclusion to Amy.
The excess amount ($17,000 – $15,000 = $2,000) would be considered taxable, though it doesn’t necessarily mean James would have to pay taxes in the current period.
Understanding Form 709
Step-by-Step Guide to Filing the Gift Tax Return
Filing the Gift Tax Return (Form 709) is necessary for certain situations where gift tax obligations arise. Form 709 is used to report gifts that exceed the annual exclusion amount and other special gifts or transfers, such as gifts to non-U.S. persons or gifts of future interests.
Here is a step-by-step guide to filing Form 709:
- Obtain the necessary forms: You can download Form 709 and its instructions from the official website of the Internal Revenue Service (IRS) or request them by mail.
- Provide general information: Fill in the general information section of Form 709, including your name, address, social security number, and the date of the gift.
- Report the gifts: In Part 1 of Form 709, report each gift you made during the calendar year that exceeds the annual exclusion. Provide the recipient’s name, relationship to you, and the total value of the gift. If you made gifts to multiple recipients, you may need to attach additional sheets.
- Apply the annual exclusion: In Part 2, apply the annual exclusion to calculate the taxable gifts. Subtract the total amount of gifts eligible for the annual exclusion from the total amount of gifts reported in Part 1. This will determine the taxable gifts for the year.
- Compute the gift tax: In Part 3, calculate the gift tax on the taxable gifts. The gift tax rates range from 18% to 40%, depending on the value of the taxable gifts and the applicable tax bracket. Consult the instructions or a tax professional to determine the specific tax rate that applies to your situation.
- Consider previous years’ gifts: In Part 4, report any prior year gifts that were not fully used against the gift tax annual exclusion. This is important because the gift tax exclusion is cumulative over your lifetime, and any unused portion can be carried forward to future years.
- Compute the total tax: In Part 5, calculate the total gift tax by summing up the gift tax computed in Part 3 and any previous gift tax payable from prior years.
- Determine the tax payable: In Part 6, subtract any applicable gift tax credits, such as the unified credit, from the total gift tax to determine the net tax payable.
- Sign and file the form: Sign and date Form 709. If you are married and splitting gifts with your spouse, your spouse must also sign the form. Mail the completed form to the appropriate IRS address as provided in the instructions.
- Keep copies for your records: Make copies of Form 709 and any supporting documentation for your records. It’s important to retain these records in case of future inquiries or audits by the IRS.
Remember, it’s always recommended to consult with a qualified tax professional or seek advice from the IRS to ensure accurate completion of Form 709 and compliance with gift tax regulations.
