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How federal gift tax laws work

Feb 22, 2010 | | Comments Comments Off

Dear Liz: I would like to give my three children monetary gifts they can use for college or a car. I understand that I can give them up to $13,000 as a nontaxable gift. Is that correct? How would I file the tax return, and would I be allowed to pay the tax on their gift?

Answer: It sounds like you’re misunderstanding how the gift tax works.

You could give your kids a monetary gift of any size, and it wouldn’t be taxable to them. But it could have gift tax implications for you.

If you give more than $13,000 to any one person, you’re supposed to file a gift tax return (IRS Form 709) noting the fact. Any amount over $13,000 per person per year is deducted from your lifetime gift tax exemption, currently $1 million. Once you’ve used up that exemption, you would owe tax on any later gifts in excess of $13,000 per person (or whatever the annual exemption is then). You’d have to be really generous to ever pay a tax.

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Categories : Q&A, Taxes