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Pat888
New Member

Can you provide guidance on gift tax rules (see specific questions below)?

I will soon receive an inheritance from my deceased father of approximately $200,000.  I will place it into a joint account I own with my wife.  We wish to give $100,000 each to our two adult children.

1.  I understand that the federal limit for untaxed gifts is $15,000 per year.  Can I give each kid $15,000 and my wife give each kid $15,000 per year and avoid taxes for us and the kids? 

2.  If the answer to this is yes, can I provide the kids each a single check from our joint account for $30,000, or must I sign a check for $15,000 and my wife sign a check for $15,000? 

3.  Do I have a reporting requirement to IRS?   

4.  Do the kids have a reporting requirement to IRS? 

5.  Are there state tax rules of concern?  I live in Alaska, my daughter lives in North Carolina, my son temporarily lives in Japan, but Washington is his state of record.

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6 Replies
Carl
Level 15

Can you provide guidance on gift tax rules (see specific questions below)?

For starters, the term "gift tax" and the reference to "gift tax return" are misnomers. You will *NOT* pay taxes on a gift valued at less than $11.2m (million) dollars.

Now, with some exceptions an inheritance is not taxable or reportable on any tax return. Not ever. But like I said, their are some exceptions. So it depends on "exactly" what it is you are inheriting. For example, if cash, then it doesn't have to be reported on any tax return ever. But if you are inheriting a 401(k) or traditional IRA, then taxes "will" be paid on that money by you. When you pay those taxes depends on "how" you inherit the retirement account.

Now, gifts given by any one individual, to any one individual that exceeds $15K requires that you file IRS Form 709 - Gift Tax Return with the IRS. But understand that *YOU* *WILL* *NOT* pay any taxes. I don't care if you're giving the kids a million dollars. you will *NOT* Pay taxes. Here's why you have to report it.

When *you* die, your heirs can receive a maximum of $5.2M each and not have to report jack squat to the IRS. But any amount over that and they will pay an inheritance tax.

So, when you give your child $100,000, you file the 709 with the IRS and that $100K is subtracted from your $5.2M maximum that you can pass to your heir tax free. So when you *do* die, your heir can inherit a maxmimum of $5,100,000 since they already have $100K that you gifted to them prior to your death.

Now in your case, you can split the gift between you and your wife, with your wife giving $50K to one child and you giving the other $50K to that same child. That means you will each file your own individual form 709 with the IRS.

Note that TurboTax does not include form 709 and the program does NOT deal with it, since it does NOT affect your taxes. You can get the IRS Form 709 at https://www.irs.gov/pub/irs-pdf/f709.pdf then fill it out and send it to the IRS. DO NOT include this form with  your tax return if you mail your tax return. The 709 is sent to a physically separate address from your tax return. That address is in the instructions included with the form you download.

1.  I understand that the federal limit for untaxed gifts is $15,000 per year.  Can I give each kid $15,000 and my wife give each kid $15,000 per year and avoid taxes for us and the kids? 

Yes. But you can also each give $50K and you will still not pay taxes.

2.  If the answer to this is yes, can I provide the kids each a single check from our joint account for $30,000, or must I sign a check for $15,000 and my wife sign a check for $15,000? 

I would highly recommend two separate checks that you each sign separately. That way, if questioned in the future, the proof is in the pudding.

3.  Do I have a reporting requirement to IRS?   

Yes, if either one of you give a gift of more than $15K in any one tax year.

4.  Do the kids have a reporting requirement to IRS? 

No. The recipient of a gift never has a reporting requirement, regardless of the amount. You could give your kids 50 trillion dollars and they don't report jack squat. You do with IRS Form 709.

5.  Are there state tax rules of concern?  I live in Alaska, my daughter lives in North Carolina, my son temporarily lives in Japan, but Washington is his state of record.

Never heard of such a thing at the state level when it comes to gifts. Some states do assess taxes on inherited value, but I've never heard of a state doing so on anything gifted while the giver was still alive.

Can you provide guidance on gift tax rules (see specific questions below)?

@Carl  - Bit of a misleading entry I think - Because the OP has only 2 heirs and presumably is designating only them as estate beneficiaries, you wrote (correctly in that narrow context): "When *you* die, your heirs can receive a maximum of $5.2M each"   
- However, another casual reader might misunderstand that any one beneficiary might receive that amount with no Form 709 liability to the Estate, or previously to the donor.  It might be better to point out that it is the donor's limitation in 2018 of $11.18 million [ or 2X $5.6 million of Lifetime Gifts], and in 2019 $11.4 million [or for two heirs, $5.7 million each].
If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67


NOT INTUIT EMPLOYEE
USAR 64-67 AIS/ASA MOS 9301 - O3

- Just donating my time
**Say Thanks by clicking the thumb icon in the lower left corner -it means nothing but makes those than answer feel wanted.
Carl
Level 15

Can you provide guidance on gift tax rules (see specific questions below)?

Thanks. I know when I first saw that $11.4M figure back during the "tax change" talk, I initially thought that was for one person filing as single. Of course I've since been educated on that.

Can you provide guidance on gift tax rules (see specific questions below)?


GIFTS

Money that you receive as a gift is not taxable income to you, and you do not need to report it on your income tax return.  Money that you gave as a gift to someone else is not deductible for your taxes.

Turbo Tax does not support the gift tax form 709, but here is a link:

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

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

https://www.forbes.com/sites/ashleaebeling/2017/10/19/irs-announces-2018-estate-and-gift-tax-limits-...


**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.**

Can you provide guidance on gift tax rules (see specific questions below)?

Great answer. Thanks.  And thanks for the original question.

Can you provide guidance on gift tax rules (see specific questions below)?

The U.S. Internal Revenue Service released Rev. Proc. 2022-38 which lists 2023 inflation adjustments for estate tax purposes.
FOR 2023:

  • The annual gift tax exclusion for 2023 will be increasing to $17,000 – an increase from $16,000 in 2022.

  • The estate and lifetime gift tax exemption will be $12.92 million per individual for 2023, an increase from $12.06 million in 2022. This exemption represents the amount of a decedent’s estate (including previously taxable gifts) that is exempt from estate tax.
If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67


NOT INTUIT EMPLOYEE
USAR 64-67 AIS/ASA MOS 9301 - O3

- Just donating my time
**Say Thanks by clicking the thumb icon in the lower left corner -it means nothing but makes those than answer feel wanted.
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