Annual Gifting Tax Strategy

1 / 7

The annual gift tax exclusion is $18,000 per recipient for 2025, meaning gifts up to this amount generally do not require a gift tax return
Married couples may gift up to $36,000 per recipient through gift splitting, effectively doubling the exclusion
There is no limit on the number of recipients who may receive annual exclusion gifts in a given year
Gifts within the annual exclusion amount typically do not reduce the donor's lifetime estate and gift tax exemption

Gift splitting requires both spouses to consent, even if only one spouse is making the gift
Form 709 (United States Gift Tax Return) must generally be filed when electing gift splitting, even if no gift tax is owed
The gift-splitting election is irrevocable for the entire calendar year once made on a timely filed return
A common mistake is failing to file Form 709 when required — consult a tax advisor to determine filing obligations

The 5-year accelerated gifting election may allow a single contribution of up to $90,000 ($180,000 for married couples) to a 529 plan in one year
This contribution is treated as if spread over five calendar years for gift tax purposes under Section 529(c)(2)(B)
No additional annual exclusion gifts may generally be made to the same beneficiary during the five-year period
This strategy can be particularly powerful for grandparents seeking to fund education while reducing their taxable estate

Crummey powers allow gifts to irrevocable trusts to qualify for the annual gift tax exclusion by providing beneficiaries a temporary withdrawal right
Written withdrawal right notices must typically be sent to beneficiaries, with a window generally lasting 30 to 60 days
The withdrawal powers must be real and not illusory — beneficiaries should have actual knowledge and ability to exercise them
Proper documentation of Crummey notices is essential, as the IRS may challenge the annual exclusion if procedures are not followed

When appreciated assets are gifted, the recipient generally receives the donor's original cost basis (carryover basis)
The recipient also typically receives the donor's holding period, which may help qualify for long-term capital gains rates
Gifting appreciated assets to a recipient in a lower tax bracket may result in less total tax when the asset is eventually sold
Contrast with assets received at death, which generally receive a stepped-up basis to fair market value — consult an advisor on the best approach

The federal lifetime gift and estate tax exemption is $13.61 million per person for 2025, with portability available between spouses
Under current law, this exemption is scheduled to sunset to approximately $7 million (adjusted for inflation) after 2025
This potential reduction creates a use-it-or-lose-it planning window that may benefit from accelerated gifting strategies
State estate tax exemptions vary significantly and are often much lower than the federal exemption — check your state's rules

Failing to track cumulative lifetime gifts can lead to unexpected estate tax consequences or missed filing requirements
Gifting depreciated assets is generally less efficient — it may be better to sell the asset, realize the loss, and gift the cash proceeds
A small number of states (such as Connecticut and Minnesota) impose their own gift taxes, which may affect planning strategies
Maintaining thorough documentation of all gifts, including valuations and transfer records, is important for compliance and audit protection

Try Our Free Tools

Related Topics