IRS Form 709
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 2024 totaling more than $18,000 (other than to your spouse), you probably must file Form 709. But see Transfers Not Subject to the Gift Tax and Gifts to Your Spouse, later, for more information on specific gifts that are not taxable.
- Certain gifts, called future interests, are not subject to the $18,000 annual exclusion and you must file Form 709 even if the gift was under $18,000. See Annual Exclusion, later.
- Spouses may not file a joint gift tax return. Each individual is responsible to file a Form 709.
- You must file a gift tax return to split gifts with your spouse (regardless of their amount) as described in Part III Spouse’s Consent on Gifts to Third Parties, later.
- If a gift is of community property, it is considered made one-half by each spouse. For example, a gift of $100,000 of community property is considered a gift of $50,000 made by each spouse, and each spouse must file a gift tax return. •
- Likewise, each spouse must file a gift tax return if they have made a gift of property held by them as joint tenants or tenants by the entirety.
- Only individuals are required to file gift tax returns. If a trust, estate, partnership, or corporation makes a gift, the individual beneficiaries, partners, or stockholders are considered donors and may be liable for the gift and GST taxes.
- The donor is responsible for paying the gift tax. However, if the donor does not pay the tax, the person receiving the gift may have to pay the tax.
- If a donor dies before filing a return, the donor’s executor must file the return.
How To Complete Form 709
- Determine whether you are required to file Form 709.
- Determine what gifts you must report.
- Decide whether you and your spouse, if any, will elect to split gifts for the year.
- Complete lines 1 through 21 of Part I—General Information.
- Complete lines 1 through 7 of Part III—Spouse’s Consent on Gifts to Third Parties.
- List each gift on Part 1, 2, or 3 of Schedule A, as appropriate.
- Complete Schedules B, C, and D, as applicable.
- If the gift was listed on Part 2 or 3 of Schedule A, complete the necessary portions of Schedule D.
- Complete Schedule A, Part 4.
- Complete Part II—Tax Computation.
- Sign and date the return.