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To qualify as gift splitting, both spouses must agree to the gift beforehand, and both must make the election on their tax returns when they file. If the couple has divorced prior to filing their taxes for the year the gift took place, neither spouse may be remarried.
You many needs to file a gift tax return If you make a taxable gift (one in excess of the annual exclusion), you must file Form 709: U.S. Gift (and Generation-Skipping Transfer) Tax Return. You can, however, choose to split gifts with your spouse.
If you fail to file the gift tax return, you'll be assessed a gift tax penalty of 5 percent per month of the tax due, up to a limit of 25 percent. If your filing is more than 60 days late (including an extension), you'll face a minimum additional tax of at least $205 or 100 percent of the tax due, whichever is less.
Self-Reporting the IRS Gift Tax Gift taxes are only assessed on gifts given above a certain dollar amount (the “exclusion” amount), per recipient, per year, that total more than the exemption amount. You are required by law to report the gift, and if you don't, it could come out in an audit.
If you make a taxable gift (one in excess of the annual exclusion), you must file Form 709: U.S. Gift (and Generation-Skipping Transfer) Tax Return. Each spouse must file a separate return if he or she makes any taxable gifts. You can, however, choose to split gifts with your spouse.
Double (or quadruple) your limit. The key to avoiding a gift tax is to give no more than the annual exclusion amount to any one person in a given tax year. Pay medical bills or tuition directly. Spread the gift out between years.
Even if you gift someone more than $15,000 in one year, you will not have to pay any gift taxes unless you go over that lifetime gift tax limit. You will still need to report gifts over the annual exclusion to the IRS via Form 709.
The person who receives your gift does not have to report the gift to the IRS or pay gift or income tax on its value. You make a gift when you give property, including money, or the use or income from property, without expecting to receive something of equal value in return.
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