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Need to report taxable gifts or generation-skipping transfers to the IRS? Learn more about IRS Form 709 with the Expat tax experts at HR Block.
Can I e-file Form 709? 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. Prior to January 1, 2019, file Form 709 at the following address.
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.
If youre lucky enough and generous enough to use up your exclusions, you may indeed have to pay the gift tax. The rates range from 18% to 40%, and the giver generally pays the tax. There are, of course, exceptions and special rules for calculating the tax, so see the instructions to IRS Form 709 for all the details.
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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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.
Form 709 is used to report transfers subject to the Federal gift and certain generation-skipping transfer (GST) taxes, and to figure the tax, if any, due on those transfers. Form 709 InstructionsPDF. This item contains helpful information to be used by the taxpayer in preparation of Form 709, U.S. Gift Tax Return.
If you dont file the gift tax return as you should, you could be responsible for the amount of gift tax due as well as 5% of the amount of that gift for every month that the return is past due. If you fail to pay the penalty, you could be responsible for the amount of the gift tax due and .
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 dont actually owe any gift tax because of the $12.06 million lifetime exemption.
You Dont Have to Report Cash Gifts of up to $16,000 a Year The person making the gift must pay the tax but thanks to annual and lifetime exclusions, most people will never have to pay a gift tax. In 2022, you could give gifts of up to $16,000 without any tax or reporting requirements.

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