Filing requirement for gifts over the individual annual exclusion from a joint (spouses)

[sacap]

In various places, such as https://aldridgeborden.com/blog/gift-tax-aldridge-borden-co-montgomery-al/ ,  I have been seeing that a married couple may write one gift check to one recipient from their joint checking account for $38,000 (in 2025).  And since the gift is deemed to be made half by each spouse, they are below the gift tax return filing threshold.

I also see conflicting information in other places say that the donor spouse must file and the non-donor spouse can give consent to gift split. The form instructions seem to indicate the second position is correct. Am I missing something?

[Bsch4477]

You can gift up to $19,000 to as many individuals as you want in 2025 without having to report it to the IRS. Married couples can combine their exclusions, allowing them to give up to $38,000 per recipient tax-free in 2025. No gift tax form is required. 

[sacap]

Just to confirm, one spouse can write a single gift check from a joint account with their spouse for $38,000 to a recipient and form 709 does not need to be filed including Part III a  notice of consent? Assuming no other gifts have been made to the recipient. Can you point me to where I can find that written somewhere?  This web site seems to say otherwise. https://www.northerntrust.com/united-states/institute/articles/new-rules-spouses-elec[product key re...  Maybe things changes for 2025?

Thanks

[Bsch4477]

You are correct.  A single $38,000 check from a joint account by one spouse does require filing Form 709 (with Part III gift-splitting consent if you want to treat it as $19,000 from each spouse). To avoid filing, each spouse would need to write their own separate check for $18,000 (or $19,000 each if you’re using the 2025 exclusion).