"it seems we need to file gift tax for the discrepancy."
Not Necessarily.
The original post talked about purchasing property as "Joint Tenancy with Right of Survivor". This means that, right off the bat, they each own 50% and if one passes, that percentage of ownership goes to the person left. The survivor would then own 100%.
Because of this type of ownership, and since they each did not evenly pay at purchase, the person that paid more, in the case above, was obligated to file a "Gift Tax" return.
It is possible you and your Partner will purchase property a different way.
You would need to find out what type of ownership you stipulated on the deed. The Title company should be able to tell you.
Laws on Real Estate are governed by the State, not Federal, so there is no golden rule.
If you have not yet purchased, it would be a good idea to speak with a Real Estate Attorney in the state you will purchase.
IF it IS "Joint Tenancy with Right of Survivor" split the cost 50/50. Take that 50% amount and subtract it from the larger contributor. THEN for 2021, subtract 15,000. The result would be the gift tax that would need to be reported.
For example, say you are buying a house together with your Partner, the down payment is 120,000. You pay 40,000 and your Partner pays 80,000.
You each now have 60,000 in equity in the house. so in essence Partner GIFTED you 20,000.
In 2021, Taxpayers can gift up to 15,000 with no reporting necessary, so Partner would need to file a Gift Tax Return.
If you purchase with a different type of ownership, there may be no gift tax however you may not have 50% ownership.
FOR EXAMPLE, same scenario as above, but deed is "Tenants in Common". You only paid 1/3 and Partner passes. Partner's 2/3 ownership MAY be inherited or contested by a family member.
This does NOT mean there will ever be tax on a gift unless it puts Partner's lifetime gifting over 11.7 MILLION.
NO,
Once a couple is married, there is no gift tax reporting between the two, only for gifts they make to others.
IRS Link about Gift Tax
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