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Tax Law - Gift Tax Law - General Gift Tax Law Questions

  Page 5 of 22

When must I report my gifts for federal gift tax purposes?
If you gift more than $12,000 -- $24,000 with your spouse -- annually to one person in one year – and even though you are shielded from Gift Tax liability because of the unified credit -- you have made a taxable gift and are required to file a Gift Tax return. Of course, you may make gifts of less than $12,000 to any number of persons per year without triggering the reporting requirement.

You do not have to file a return to report gifts to your spouse regardless of the amount of the gift and regardless of whether the gifts are present or future interests.

If the only gifts you made during the year are deductible gifts to charities, you must still file a return if any of the gifts were of future interests or exceeded $12,000 in 2006.

As with the income tax return, Gift Tax returns (Form 709) are due on April 15 of the year following the year in which you made the gift. The Gift Tax (if any) is due at the time of filing the return. Extensions are available, but interest will be charged from the regular due date of the return.
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