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I.R.C. 2513(a). PLANNING NOTE It will be possible to split some gifts but not others by making the gifts that you want to split before getting divorced, and then divorcing and making the gifts that you do not want to split thereafter.
You cannot e-file Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return. The Instructions for Form 709 directs you to mail it to the applicable address listed below.
Addresses for Forms Beginning with the Number 7 Form Name (For a copy of a Form, Instruction, or Publication)Address to Mail Form to IRS:Original Return - Form 709 United States Gift (and Generation-Skipping Transfer) Tax ReturnDepartment of the Treasury Internal Revenue Service Center Kansas City, MO 6499917 more rows
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%. You might not owe the penalty if you have reasonable cause for filing late.
The IRS can impose penalties for not filing a gift tax return, even when no tax was due. Gifts above the annual gift tax exclusion amount of $16,000 made during the year generally must be reported on Form 709. The gifts might not be taxed, because of the lifetime gift tax exclusion.
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List all reportable gifts made during the calendar year on one Form 709. This means you must file a separate return for each calendar year a reportable gift is given (for example, a gift given in 2022 must be reported on a 2022 Form 709). Do not file more than one Form 709 for any 1 calendar year.
If, for example, you give more than $16,000 in cash or assets (for example, stocks, land, a new car) to any one person in 2022, you need to file a gift tax return. That doesnt mean you have to pay a gift tax. It just means you need to file IRS Form 709 to disclose the gift.
TurboTax does not support IRS Form 709. Form 709 is not filed with your federal tax return, it is a separate filing that has to printed and mailed to the IRS using the address in the Form 709 instructions.
It is important to note that if consent to split gifts is provided by the non-donor spouse, all gifts must be split in the year in which consent is provided. A married couple cannot choose which gifts will be split and which will not be split within the same year.
Generally, you must file the 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.

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