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Gift Taxes: A Primer

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While most adults are keenly aware of income taxes and income tax returns, there is a lesser-known type of tax return that may be required for certain individuals. As the name implies, income tax returns are used to track income that individuals or corporations receive and determine the correct amount of tax related to that income. However, in certain situations, making a gift from one individual to another can be taxable as well, or at the very least may need to be reported to the IRS. In such cases, the IRS requires that a gift tax return be filed. A gift tax return is entirely separate from an income tax return, and they have no relation to one another. If a gift tax return is required, it is filed on the behalf of the donor (the individual who makes the gift), rather than the recipient (the individual receiving the gift).A vast majority of gifts are not taxable and do not need to be reported. Gifts to spouses, tuition or medical expenses paid for someone else, or gifts to political organizations are explicitly excluded. The IRS sets an annual exclusion amount each year, and any gifts below that amount are not taxable. For 2019, the annual exclusion is $15,000. The exclusion applies to each individual recipient of gifts separately. If any single recipient receives more than the exclusion amount, a gift tax return must be filed. For instance, if an individual gifts $10,000 to one friend, and $14,000 to another friend, there are no taxable gifts because each recipient receives less than $15,000. However, if the individual gifts $10,000 to a friend, and then gifts $14,000 more to the same person in the same year, there is a taxable gift. In this case, $24,000 total was gifted to the recipient, so after the exclusion is subtracted, there is a $9,000 taxable gift. In this case, a gift tax return must be filed with the IRS.

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However, even if a gift tax return is required, most individuals will not have to pay any gift taxes. In addition to the annual exclusion, there is also a lifetime gift tax exemption of $11.4 million as of 2019. This means that while it is necessary to file gift tax returns if an individual makes taxable gifts, the first $11.4 million of taxable gifts in their lifetime will not be taxed. Note that this is an exemption for an individual’s total lifetime, so it is tracked throughout their entire life. Only after making $11.4 million of gifts in their lifetime will an individual begin to pay gift taxes. It is for this reason that gift tax returns must be filed when there are taxable gifts, despite no taxes being due. If you think you may have made a taxable gift in any given year or if you have any questions, feel free let us know and we will gladly determine if a gift tax return needs to be filed on your behalf.