So the answer to both questions is yes. You will have toi file a form 709 as you are making a gift over the 164,000 threshold. Consequently, any sum of money which is considered a gift giving for filing purposes will have the applicable gift tax associated with it. See HERE Pg 2 Gifts to Spouse. As far to whether your husband must file Form 3520, the answer is also yes, See HERE. Section 4A.
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