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Who Must File. 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 2022 totaling more than $16,000 (other than to your spouse), you probably must file Form 709.
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.
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.
Generation-skipping tax ensures that the proper amount of estate tax is paid when a generation-skipping trust transfers assets among family members. Form 709 must be filed each year you make a taxable gift and included with your regular tax return.
The GSTT is the governments defense against an end run around estate and gift taxes. It imposes a flat tax on gifts and bequests above the estate/lifetime gift exclusion that avoid gift or estate tax by skipping one or more generations, such as to grandchildren.
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The generation-skipping tax (GST), also referred to as the generation-skipping transfer tax, prevents you from deliberately skipping your children in your estate plan in favor of younger generations to bypass potential estate taxes due upon your childrens deaths.
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.
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.
Disadvantages of a Generation-Skipping Trust For those with large estates, there arent many disadvantages to a generation-skipping trust, but one is that the trust is irrevocable, which means it cannot be changed or canceled.
In that case, youll file Form 709: United States Gift (and Generation-Skipping Transfer) Tax Return. We dont support Form 709, but you can download it from the IRS website and fill it out per the Form 709 instructions.

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