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You may need to file a gift tax return If you make a taxable gift (one in excess of the annual exclusion), you are required to file Form 709: U.S. Gift (and Generation-Skipping Transfer) Tax Return. The return is required even if you don't actually owe any gift tax because of the $11.7 million lifetime exemption.
Generally, the estate tax return is due nine months after the date of death. A six month extension is available if requested prior to the due date and the estimated correct amount of tax is paid before the due date. The gift tax return is due on April 15th following the year in which the gift is made.
Late filing penalty. A penalty is usually charged if your Form 709 is filed after the due date (including extensions). It is usually 5% of the tax not paid by the original due date for each month or part of a month your return is late. The maximum penalty is 25%.
Federal Estate and Gift Tax Rates, Exemptions, and Exclusions, 1916-2014 YearEstate Tax ExemptionMaximum Gift Tax Rate2007-08$2,000,00045%2009$3,500,00045%2010$5,000,00035%2011$5,000,00035%33 more rows • Feb 4, 2014
In general. If you are a citizen or resident of the United States, you must file a gift tax return (whether or not any tax is ultimately due) in the following situations. If you gave gifts to someone in 2021 totaling more than $15,000 (other than to your spouse), you probably must file Form 709.
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Late filing penalty. A penalty is usually charged if your Form 709 is filed after the due date (including extensions). It is usually 5% of the tax not paid by the original due date for each month or part of a month your return is late. The maximum penalty is 25%.
IRS Form 709 reports transfers of assets that may be subject to federal gift tax and certain generation-skipping transfer taxes. This form reports taxable gifts you make to others during your lifetime, including gifts of cash or tangible physical assets, such as real estate.
Form 709 is an annual return. Generally, you must file Form 709 no earlier than January 1, but not later than April 15, of the year after the gift was made. However, in instances when April 15 falls on a Saturday, Sunday, or legal holiday, Form 709 will be due on the next business day. See section 7503.

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