@pete5900 wrote:
I contribute up to 95K this year and claim the 5 year gift tax exclusion, can I make contributions in 2026 -2030?
and if I dont max up to 95K and claim the exemption, what are the downsides?
Note I am married and file taxes jointly - I am the only one making contributions as my spouse does not work.
I would first back up and ask yourself if it even matters. Is there ANY chance your total gifts and the value of your Estate after you die will be over the $14 million-ish amount (that number is increased for inflation)? If not, it doesn't really matter because no tax would ever be owed from the Gifts or Estate (but you would still need to file the Gift Tax returns). You could gift a million dollars in one year and be fine, as long as your lifetime gifts and value of your Estate aren't over the $14 million-ish limit.
If you make a 529 plan Gift over the annual amount ($19,000 for 2025) and file a Gift Tax return to spread that out over 5 years, than any EXCESS gifts each year would reduce the $14 million-ish Lifetime Exclusion.
- For example, let's say you contributed $50,000 and make that election, so it would be treated as if you gave $10,000 for five years. If future gifts are under $9,000 (so the $10,000 plus the then-current year $9,000 is under the inflation-indexed annual limit of $19,000) , no future gift tax returns would be required. If you contributed more than $9,000, then a Gift Tax return would be required and the amount over the $9,000 ($10,000 plus the then-current over-$9,000 gift) would reduce the $14 million-ish Lifetime Exclusion.
Your wife can make gifts as well, even though she doesn't work. Assuming your wife is a US Citizen or Resident, you can gift an unlimited amount to her, and she can make a gift as well.
Don't forget to include ALL gifts for the year, not only the 529 plan. Although some/many of those other gifts for your own minor dependent child are likely "support", rather than a "gift".
