Can a late gift tax return for previous years be filed, without penalty, when no gift tax is ...

[cbrennandavis]

Sorry if I am supposed to create a new thread. New here.

Ok, so Mom gives the maximum to me in stock in 202 1 so as to stay under the annual exclusion, BUT she also gives me $500 per month in cash. That extra $6k should have triggered the filing of a form 709, but she did not file it. Suppose this is the case for SEVERAL years.  No tax due and no penalties, but I believe IRS says that she MUST file (even retroactively) for each year that her gifts exceeded the annual exclusion amount AND for each person to whom her gifts exceeded it.  So, my question is this: does she need to file the 709 for each year (retroactively) or can she just write a letter to the IRS with all the same specifics required and have it placed in her file with the IRS? Thank you in advance.

[Anonymous_]

She needs to file a 709 for each year the exclusion was exceeded.