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The Daily Insight

Do I need to file a gift tax form?

Author

James Craig

Published Apr 11, 2026

You may need to file a gift tax return If you make a taxable gift (one in excess of the annual exclusion), you must file Form 709: U.S. Gift (and Generation-Skipping Transfer) Tax Return. The return is required even if you don’t actually owe any gift tax because of the $11.58 million lifetime exemption.

What form do I fill out for gift tax?

Form 709
Form 709 is the United States Gift and Generation-Skipping Transfer Tax Return, which is required by the IRS to report taxable gifts you might make during your lifetime.

Do you have to file gift tax return if you give $15000?

If you gave gifts to someone in 2020 totaling more than $15,000 (other than to your spouse), you probably must file Form 709. 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.

Do you have to file a gift tax return?

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. That doesn’t mean you have to pay a gift tax. It just means you need to file IRS Form 709 to disclose the gift.

Is there a limit on how much you can gift to the IRS?

The IRS has a gift tax limit, both for the amount you can give each year and for what you can give over the course of your life. If you go over those limits, you will have to pay a tax on the amount of gifts that are over the limit.

Who is responsible for preparing a gift tax return?

The attorney usually handles wills, trusts and transfer documents that are involved and reviews the impact of documents on the gift tax return and overall plan. The CPA or EA often handles the actual return preparation and some representation of the donor in matters with the IRS.

What’s the penalty for not filing a gift tax return?

Gift tax return preparers who prepare any return or claim for refund that reflects an understatement of tax liability due to an unreasonable position are subject to a penalty equal to the greater of $1,000 or 50% of the income earned (or to be earned) for the preparation of each such return.