M-MTax
Level 15

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@Terri Lynn  wrote:

Here are the key situations where a gift tax return (IRS Form 709) is required:

  • When spouses split a gift: If a married couple decides to "split" a large gift to a third party to take advantage of both of their annual exclusions (for example, giving $38,000 to one person), they both must file Form 709 to make that election, even if the amount is less than the total combined exclusion.

Sorry, but I just had to point out that if the gift comes from a joint account (JTWROS) or community property and is less than the annual exclusion, no gift tax return is required.