- In gift tax, there are two threshold limit (1) Annual exclusion, (2) Lifetime exclusion.
- For financial year 2020, the annual exclusion is $15,000. The taxpayer can make a gift up to $15,000 to a recipient without attracting the gift tax reporting requirement. The annual exclusion limit is $15,000 per recipient and per year. This means the taxpayer can make an N number of gifts to N number of recipients. Once the taxpayer gift is more than $15,000, then the taxpayer needs to file gift tax return Form 709. There are certain exclusions from gift tax.
- The excess amount that is value of gift - $15,000 will be reduced from the lifetime exclusion (refer below chart).
- Once the value of the gift exceeds the lifetime exclusion, then the taxpayer needs to pay tax as per gift tax slab (refer below chart).
- The gift tax return is individual return that means, even though married couple filing a joint return, need to file two individual gift tax return.
- The above concept holds good for federal tax, while a few states treat gift differently and tax. State gift tax is an addition to federal gift tax.
- Contribution to a 529 college savings plan is also treated a gift. However, as of Financial Year 2020, the lump sum contribution to 529 plans can be spread over five years to calculate annual exclusion.
- The gift tax filing date is 15th of July of the subsequent year of the gift.
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