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June 7, 2022
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Gift Taxes

  • June 7, 2022
  • 3 replies
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My wife and I intend to give $100,000 to our son one time for buy a house.  

What is the best way for us to give this amount without having to ever file form 709?

    Best answer by Anonymous_

    The annual exclusion (for 2022) is $16,000 per donor to each donee.

     

    That means you and your wife can give your son a total of $32,000 in 2022 without being required to file a 709. Anything above that figure, however, would require gift tax returns to be filed.

     

    If you do not want to spread the gifts over several years, you could give your son $32,000 and take back a loan for the balance ($68,000) and then forgive $32,000 each of the following tax years. 

     

    There are other strategies and you might want to seek an in-person consultation with an estate planning attorney.

     

    https://www.avvo.com/estate-planning-lawyer.html

    3 replies

    Employee
    June 7, 2022

    The annual exclusion (for 2022) is $16,000 per donor to each donee.

     

    That means you and your wife can give your son a total of $32,000 in 2022 without being required to file a 709. Anything above that figure, however, would require gift tax returns to be filed.

     

    If you do not want to spread the gifts over several years, you could give your son $32,000 and take back a loan for the balance ($68,000) and then forgive $32,000 each of the following tax years. 

     

    There are other strategies and you might want to seek an in-person consultation with an estate planning attorney.

     

    https://www.avvo.com/estate-planning-lawyer.html

    VolvoGirl
    Employee
    June 7, 2022

    Is your son married?  You can each give each of them 16,000.  So that gets you up to 64,000.

    Employee
    June 7, 2022

    Are you aware that Form 709 is a strictly informational form that the IRS requires?  The lifetime gift tax exclusion - the amount you’re able to give away tax-free over the course of your lifetime above the annual gift tax exclusion - is currently $12.06 million ($24.12 million for married couples).

     

    Form 709 is how the IRS keeps track of your lifetime gifts.

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    Employee
    June 8, 2022

    Don’t monkey around. There is a financial crime called “structuring“ which means structuring a transaction to avoid reporting requirements. You can be guilty of structuring even if the underlying transactions are technically legal.  Form 709 is a reporting requirement so that the IRS can track large gifts against your lifetime limit, but you won’t actually have to pay tax unless your lifetime gifts have already exceeded $12 million.  

    Employee
    June 8, 2022

    @Opus 17 wrote:

    Don’t monkey around. There is a financial crime called “structuring“ which means structuring a transaction to avoid reporting requirements. 


    See https://www.irs.gov/irm/part4/irm_04-026-013

     

    You really need to stop throwing around terms that you do not fully understand.

     

    Even a monkey would know that just because something is yellow does not mean it is a banana.