Understanding gift taxes is a crucial aspect of estate planning, whether you're planning to distribute your wealth during your lifetime or you are on the receiving end of generosity.

What is a Gift Tax?

A gift tax is a levy imposed by the Internal Revenue Service (IRS) when a person transfers property, assets, or money to another individual without receiving something of equal value, known as 'consideration', in return. When the full value of the gift isn't returned, it’s considered a 'taxable gift'. However, this doesn't necessarily mean you will owe tax.

Moreover, it's important to remember that it's the gift giver, not the recipient, who pays the taxes. Additionally, each state may impose its own tax on gifts, so ensure you familiarize yourself with your state’s laws before making substantial gifts.

Defining Gifts for Tax Purposes

Gifts for tax purposes extend beyond tangible items like houses or cars. Any money given without receiving an equivalent return is considered a gift, including intangible transfers where there wasn't a physical exchange of money or property. So, small gifts like a $50 cash birthday present or a $6 coffee technically count towards your annual gift tax exclusion.

The Annual Gift Tax Exclusion

The annual gift tax exclusion is an amount you can give each year to as many individuals as you like without having to report these gifts to the IRS. In 2023, that amount is $17,000 per person. It's important to note that this exclusion is per recipient, not per giver. Thus, you could gift $17,000 to multiple individuals without incurring a gift tax.

Read more: NEW 2023 Estate and Gift Tax Rules | When Will Taxes Apply?

Reporting Gifts

U.S. citizens and residents are required to report gifts exceeding the annual exclusion limit of $17,000. Conversely, recipients typically don't need to report the gift unless it's from a foreign individual and exceeds a certain value.

Special Rules and Exemptions

Certain exceptions exist to the general rule. Gifts to spouses, political organizations, and qualifying charities aren't taxable. Moreover, tuition or medical expenses paid directly to a medical or educational institution on behalf of someone else aren't deemed taxable gifts. Additionally, there's a 'lifetime exemption' or 'unified credit' which allows you to give away a certain amount during your lifetime without owing federal gift tax.

Always Seek Legal Advice

Given the complexity and frequent changes in gift tax laws, it's advisable to consult with a professional for personalized advice on estate planning or understanding gift taxes.

Read more: Mastering the Complexities of Simple and Complex Trusts

BETHEL LAW CORPORATION
ESTATE PLANNING | ELDER LAW | BUSINESS PLANNING

CLICK HERE OR CALL US AT 909-307-6282 TO SCHEDULE A FREE CONSULTATION.