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Late 709

Can I file a late 709 form anytime or shall I wait and file it next April along with my 1030NR?

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2 Replies

Late 709

Not sure what you mean by "late" for a Form 709.   That form is not ever part of an income tax return.   You mail it to the IRS by itself.  

 

Gifts given to family members, friends or other individuals are not deductible.   Gifts received are not taxable to the person who received the gift, and are not entered on a tax return.

 

If your gift exceeds the yearly limit ($17,000 per individual)  imposed by the gift tax rules, then you will need to complete a Form 709 gift tax form and send it to the IRS, although it is very unlikely that you will owe any tax. 

 

TurboTax does not support Form 709.  It is not an income tax form and would not be included as part of an income tax return.

 

Here is a link to the form:

https://www.irs.gov/pub/irs-pdf/f709.pdf

 

https://turbotax.intuit.com/tax-tips/estates/the-gift-tax-made-simple/L5tGWVC8N

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Late 709

The 709 is due on April 15th for the previous calendar year.

 

The form can be filed late. There are penalties for late filing and late payment per Section 6651 (but generally are imposed only if tax is due, which is rare).

 

See https://www.irs.gov/instructions/i709#en_US_2022_publink16784xd0e972

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