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DeepSpaceK9
Returning Member

Cash gift returned - Filing 709 Form

I gifted, in 2020, an excess of 15K total for the year.  However, can the recipient returned the last gift of $2500, reducing total amount to 15k.  Do I still need to fill out the 709? 

 

I understand I can give more than 15k without being taxed, however just asking specially to avoid filing out the 709.  Gifts were electronic bank to bank.

 

Thanks! 

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1 Reply

Cash gift returned - Filing 709 Form

I would say no.  giving back a gift raises the question as to whether it was a gift in the first place.  the IRS could argue that you made the original gift and that now the donee is now a donor (ie what's being done is  that a gift is being made to you)  

 


If you won't owe any taxes anyway, why file? Failure to file a form 709 can result in a fine of up to $25,000 and a year in jail, even if the filing wouldn't result in taxes being owed.

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