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Gave $30k as a married couple from a joint account, do I need to file Form 709?

Last year I transferred $30k from our joint bank account to our adult son's bank account to help with his house purchase. I was mindful of not exceeding the $15,000 annual gift exclusion amount per giftee.  We considered it as $15,000 from each of us, and so qualifying for exclusion.  Do I 1) need to fill out Form 709 indicating that this was a split gift from a married couple?  2) does the Form 709 need to specify the amount, or can I stop at Part I, line 18 which is the signature of the spouse to consent to gift splitting?  The rest of Form 709 seems to deal with Tax computation for the gift, which we do not owe.

This year I intend to give another $30k joint gift to an individual , but will write two separate checks for $15k signed by me and the other check signed by my spouse.  Will the separate checks (but from same joint account) negate the need for filing a Form 709 for gift splitting?

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4 Replies
ColeenD3
Expert Alumni

Gave $30k as a married couple from a joint account, do I need to file Form 709?

No. A gift of $15,000 is under the limit for having to file a Form 709. You may each give $15,000.

Gave $30k as a married couple from a joint account, do I need to file Form 709?

Is the Form 709 not needed because the funds came from a joint account and thus are assumed to be 50% from one holder and 50% from the other?    Doesn't the IRS need an explicit record that both parties consented to the gift?

ToddL99
Expert Alumni

Gave $30k as a married couple from a joint account, do I need to file Form 709?

No, the IRS does not need an explicit record that both parties consented to the gift. 

 

If you are filing a joint return, the presumption is that the gift came equally from both of you. In any case, it is not reported on your return.

Gave $30k as a married couple from a joint account, do I need to file Form 709?

Thanks ColeenD and ToddL99.  One can get confused reading about this on the internet and the Form 709 instructions, which gets into gift splitting and community property vs joint tenants with right of survivorship ownership.  It makes sense that the IRS would not want an additional form filing when you are under the $15,000 limit individually, just because you gave in a lump sum $30,000 from joint property

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