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Level 3
posted Aug 21, 2022 11:14:10 AM

Concerning the 2022 $16,000 Gift tax annual exclusion and IRS form 709

Hi, I’d like to get clarification of the $16,000 annual exclusion of the gift tax.

I am married so this is the scenario- I want to give $50,000 to my sister and her husband can I write out a check for $16,000 to my sister and a separate check to my brother-in-law for $16,000? And can my husband write out a check to my sister in a separate check for $16,000 and a separate check to my brother in law for $2,000 to equal the $50,000 and not fill out IRS form 709?

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1 Best answer
Level 15
Aug 21, 2022 11:25:27 AM

Yes, you can give the gifts as you explained and not have to file a Form 709. 

Gifts given are based on individuals receiving and giving the gifts.

So you can gift up to $16,000 each to your sister and her husband and your husband can gift up to $16,000 each to your sister and her husband.

2 Replies
Level 15
Aug 21, 2022 11:25:27 AM

Yes, you can give the gifts as you explained and not have to file a Form 709. 

Gifts given are based on individuals receiving and giving the gifts.

So you can gift up to $16,000 each to your sister and her husband and your husband can gift up to $16,000 each to your sister and her husband.

Level 3
Aug 21, 2022 12:34:19 PM

Thank you much appreciated