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The Daily Insight

When a married couple elects to split gifts in excess of the annual exclusion who files the gift tax return?

Author

James Williams

Published May 16, 2026

The donor spouse must file a federal gift tax return and the non-donor spouse must provide their consent to split gifts (and file their own gift tax return if the total gift exceeds $30,000 or if they made another gift that exceeds $15,000). This is the only available method to elect to split gifts.

In general, if you and your spouse elect gift splitting, then both spouses must file his or her own individual gift tax return. However, only one spouse must file a return if the requirements of either of the exceptions below are met.

What is the lifetime gift tax exemption for a married couple?

Starting in 2020, the lifetime gift tax exemption is $11.58 million. This means that you can give up to $11.58 million in gifts over the course of your lifetime without ever having to pay gift tax on it. For married couples, both spouses get the $11.58 million exemption.

Is there an annual gift exclusion for married spouses?

For 2019 gift tax purposes, you can use the annual exclusion for EACH spouse so you are correct that you alone can gift $30,000 total. Their tax filing status of the gift recipients does not make a difference.

How are gifts to married spouses combined for tax?

Last year, I gave a gift to a married couple, the total sum of which was larger than the $14,000 per-person exclusion amount. However, the gift was given in separate installments, with roughly half of the total sent to a checking account in the name of one spouse, and the other half sent via PayPal to the other spouse.

How much money can you give to someone before you have to pay gift tax?

It also means that a married couple can give another individual up to $30,000 before they must file a gift tax return, since each spouse can technically gift up to $15,000. The annual gift tax exclusion was indexed for inflation as part of the Tax Relief Act of 1997.

How does making a gift affect your taxes?

Making a gift or leaving your estate to your heirs does not ordinarily affect your federal income tax. You cannot deduct the value of gifts you make (other than gifts that are deductible charitable contributions). If you are not sure whether the gift tax or the estate tax applies to your situation,…