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Gift Tax, Form 709
Can the 529(c)(2)(B) election be made two years in a row. For example, if someone contributes the following amounts to a beneficiary's 529 plan:
$51,000 in 2023
$36,000 in 2024
Can the 2023 contribution be treated as having been ratably over a five year period starting in 2023? Can the 2024 contribution be treated as having been ratably over a five year period starting in 2024? If this is allowed, the total amounts of non-taxable gifts will be:
2023: $51,000/5 = $10,200 (Limit is $17,000)
2024:$51,000/5 + $36,000/5 = $17,400 (Limit is $18,000)
2025:$51,000/5 + $36,000/5 = $17,400 (Assume limit remains $18,000)
2026:$51,000/5 + $36,000/5 = $17,400 (Assume limit remains $18,000)
2027:$51,000/5 + $36,000/5 = $17,400 (Assume limit remains $18,000)
2028: $36,000/5 = $7,200 (Assume limit remains $18,000)