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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. totaling more than $15,000 (other than to your spouse), you probably must file Form 709.
If you fail to file the gift tax return, you'll be assessed a gift tax penalty of 5 percent per month of the tax due, up to a limit of 25 percent. If your filing is more than 60 days late (including an extension), you'll face a minimum additional tax of at least $205 or 100 percent of the tax due, whichever is less.
Use Form 709 to report: Transfers subject to the federal gift and certain generation-skipping transfer (GST) taxes. Allocation of the lifetime GST exemption to property transferred during the transferor's lifetime.
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 tax applies whether or not the donor intends the transfer to be a gift. The gift tax applies to the transfer by gift of any type of property. You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return.
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In 2021, you can give up to $15,000 to someone in a year and generally not have to deal with the IRS about it. In 2022, this threshold is $16,000. If you give more than $15,000 in cash or assets (for example, stocks, land, a new car) in a year to any one person, you need to file a gift tax return.
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.
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%.

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