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Don Fitch CPA's
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Need Help to Prepare Your
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Use Form 709 to report the following:
- Transfers subject to the federal gift and certain
generation-skipping transfer (GST) taxes and to figure the tax, if
any, due on those transfers, and
- Allocation of the lifetime GST exemption to property transferred
during the transferor's lifetime. (For more details, see the
instructions for Part 2—GST Exemption
Reconciliation on page 11, and Regulations section
26.2632-1.)
All gift and GST taxes must be computed and filed on a calendar year
basis. List all reportable gifts made during the calendar year on one Form
709. Do not file more than one Form 709 for any one calendar year.
- Determine whether you are required to file Form 709.
- Determine what gifts you must report.
- Decide whether you and your spouse, if any, will elect to
split gifts for the year.
- Complete lines 1 through 18 of Part 1, page 1.
- List each gift on Part 1, 2, or 3 of Schedule A, as
appropriate.
- Complete Schedule B, if applicable.
- If the gift was listed on Part 2 or 3 of Schedule A,
complete the necessary portions of Schedule C.
- Complete Schedule A, Part 4.
- Complete Part 2 on page 1.
- Sign and date the return.
In general. If you are a citizen or
resident of the United States, you must file a gift tax return (whether or
not any tax is ultimately due) in the following situations.
- If you gave gifts to someone in 2005 totalling more than $11,000
(other than to your spouse) you probably must file Form 709. But see
page 2 for information on specific gifts that are not taxable and
for gifts to your spouse.
- Certain gifts, called future interests, are not subject to the
$11,000 annual exclusion and you must file Form 709 even if the gift
was under $11,000. See Annual Exclusion
on page 2.
- A husband and wife may not file a joint gift tax return. Each
individual is responsible for his or her own Form 709.
- You must file a gift tax return to split gifts with your spouse
(regardless of their amount) as described in
Part 1—General Information on page 5. Form 709-A,
United States Short Form Gift Tax Return, is obsolete.
- If a gift is of community property, it is considered made
one-half by each spouse. 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.
- Likewise, each spouse must file a gift tax return if they have
made a gift of property held by them as joint tenants or tenants by
the entirety.
- Only individuals are required to file gift tax returns. If a
trust, estate, partnership, or corporation makes a gift, the
individual beneficiaries, partners, or stockholders are considered
donors and may be liable for the gift and GST taxes.
- The donor is responsible for paying the gift tax. However, if
the donor does not pay the tax, the person receiving the gift may
have to pay the tax.
- If a donor dies before filing a return, the donor's executor
must file the return.
Who does not need to file. If you meet all of the
following requirements, you are not required to file Form 709:
- You made no gifts during the year to your
spouse,
- You did not give more than $11,000 to any
one donee, and
- All the gifts you made were of present
interests.
Gifts to charities. If the only gifts you made
during the year are deductible as gifts to charities, you do not need to
file a return as long as you transferred your entire interest in the
property to qualifying charities. If you transferred only a partial
interest, or transferred part of your interest to someone other than a
charity, you must still file a return and report all of your gifts to
charities.
If you are required to file a return to report noncharitable gifts
and you made gifts to charities, you must include all of your gifts to
charities on the return.


    
 
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