The gift tax in the United States is a federal tax imposed on the transfer of property by one individual to another while receiving nothing or less than full value in return. The gift tax applies to the transfer of money or property to another person without receiving something of equal value in return. The giver, known as the donor, is generally responsible for paying the gift tax. However, there are numerous exemptions and exclusions that allow many gifts to be transferred without incurring tax liability.
The gift tax in the United States is a federal tax imposed on the transfer of property by one individual to another while receiving nothing or less than full value in return. The gift tax applies to the transfer of money or property to another person without receiving something of equal value in return. The giver, known as the donor, is generally responsible for paying the gift tax. However, there are numerous exemptions and exclusions that allow many gifts to be transferred without incurring tax liability.
Annual Exclusion
The annual exclusion is the amount you can give to any number of individuals each year without incurring a gift tax. For 2023, the annual exclusion amount is $17,000 per recipient. This means you can give up to $17,000 to as many people as you like each year without those gifts counting against your lifetime exemption or being subject to gift tax
Lifetime Exemption.
In addition to the annual exclusion, there is a lifetime exemption amount. For 2023, the lifetime exemption is $12.92 million. This means that over your lifetime, you can give away up to $12.92 million without incurring gift tax. Gifts exceeding the annual exclusion amount are subtracted from your lifetime exemption.
Gift Splitting
Married couples can take advantage of gift splitting, which allows them to combine their annual exclusions to give up to $34,000 to a single recipient without incurring gift tax. This strategy cans effectively double the amount that can be gifted tax-free each year.
Exemptions
Certain types of transfers are exempt from the gift tax, regardless of their value. These include:
Gifts to your spouse: Gifts to a U.S. citizen spouse are not subject to gift tax. tax-free gifts are limited to present interest gifts whose total value is below the annual exclusion amount, which is $164,000 (for 2022), and $175,000 (for 2023).
Educational Expenses: Tuition payments made directly to an educational institution for someone else are not subject to gift tax.
Medical Expenses: Payments made directly to a medical institution or health insurance provider for someone else are also exempt.
Charitable Gifts: Gifts to qualifying charities are not subject to gift tax.
Reporting and Paying Gift Tax
If your gifts exceed the annual exclusion amount, you are required to file IRS Form 709, the United States Gift (and Generation-Skipping Transfer) Tax Return. This form is due by April 15 of the year following the gift. However, gift tax is only due if you exceed the lifetime exemption amount.