irs gift tax instructions
You must file a gift tax return to split gifts with your spouse (regardless of their amount) as described in Part 1—General Information.
If a gift is of community property, it is considered made one-half by each spouse. For example, a gift of $100,000 of community property is considered a gift of $50,000 made by each spouse, and each spouse must file a gift tax return.
Likewise, each spouse must file a gift tax return if they have made a gift of property held by them as joint tenants or tenants by the entirety.
When the Consenting Spouse Also
Must File a Gift Tax Return
In general, if you and your spouse elect
gift splitting, then both spouses must file
his or her own individual gift tax return.
However, only one spouse must file a
return if the requirements of either of the
exceptions below are met. In these
exceptions, gifts means transfers (or parts
of transfers) that do not qualify for the
political organization, educational, or
medical exclusions.
Exception 1. During the calendar year:
Only one spouse made any gifts,
The total value of these gifts to each
third-party donee does not exceed
$28,000 (for 2017, $30,000 for 2018), and
All of the gifts were of present interests.
Exception 2. During the calendar year:
Only one spouse (the donor spouse)
made gifts of more than $14,000 but not
more than $28,000 to any third-party
donee,
The only gifts made by the other
spouse (the consenting spouse) were gifts
of not more than $14,000 to third-party
donees other than those to whom the
donor spouse made gifts, and
All of the gifts by both spouses were of
present interests.
If either of the above exceptions is met,
only the donor spouse must file a return
and the consenting spouse signifies
consent on that return.
the advise that a lawyer gave me many years ago for avoidance of filing the gift tax return , was for each spouse to write a check to the donee that is not more than the maximum exclusion.
