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  • 1.  2 questions

    Posted 03-21-2025 01:17 PM
    I  hope everyone is surviving tax season and not letting the clients drive you too crazy

    I have a client who has given money to her grownup son who has been dealing in  had times.in
    living(Loss of job)
    The amount is in excess of 50k. Must a gift tax return be filed for this

    Thanks

    James Greebel


  • 2.  RE: 2 questions

    Posted 03-22-2025 02:03 AM

    Yes, the amount is in excess of the annual exclusion of 18,000 per person annually, however there will be no Federal tax due on form 709.   Iys not a hard form to complete when you follow the instructions. 



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    Howard Silverman
    Enrolled Agent
    silvermantaxconsult@gmail.com
    516-302-5455
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  • 3.  RE: 2 questions

    Posted 03-22-2025 09:21 AM
    HI

    Thank you for the information about the mother and the gift tax return  I thought there might be a way not to file th e709.
    I have done many of them, but based on the circumstances I thought one might not have to be done
    Thank you and again and good luck with the rest of tax season.

    James Greebel





  • 4.  RE: 2 questions

    Bronze Most Valuable Member
    Posted 03-22-2025 05:15 PM
    You should file a gift tax return for a gift to a any person in excess of $18,000 for 2024 and $19,000 in 2025.

    Bob

    Robert S. Lusthaus, CPA, Esq.
    497 South Oyster Bay Road
    Plainview, NY 11803-3316
    Tel: 516-937-1366
    Fax: 516-938-2915
    E-mail: 
    lusthaus@aol.com





  • 5.  RE: 2 questions

    Silver Most Valuable Member
    Posted 04-25-2025 02:19 PM

    You can give $19,000 in 2025 ($18,000 in 2024).  If you split the gift giving with your spouse, the amount doubles to $38,000, but you do have to file returns.  And if you give to both your son and your son's spouse, it also doubles the allowable amount.  So if mother and father give to son and spouse of son, the amount could be $19,000 x 4 = $76,000.  Doesn't really solve the issue if it's simply about filing Form 709.  



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    Larry Prosky CPA
    Prosky & Rosenfeld LLP
    1025 Old Country Road
    Suite 403W
    Westbury, NY 11590
    (516) 873-9600 X1
    (516) 661-6020
    ------------------------------



  • 6.  RE: 2 questions

    Posted 04-25-2025 02:32 PM
    Yes, in such a situation form 709 is required, There is no tax due either from donor or donee.
    When you look at the form 10+ pages and the instructions of more then 20 pages it looks very complex but in that case only a few pages are applicable, simple info,,,name and address and SSN of donor, name and address and relationship of donee,,type of gift, date, amount, etc,,the rest are blank...
    Its not as involved as it looks and yes it is required, though no tax due,,
    Its another tax return to bill for LOL

    I hope that helps to clarify alittle
    They get filed in hard copy,,,  not efiled  but some software packages do offer them to help prepare...
    All you need is on IRS.gov   follow the forms icon for blanks and instructions





  • 7.  RE: 2 questions

    Platinum Most Valuable Member
    Posted 04-26-2025 07:41 AM

    I'm going to agree to disagree with Lawrence.  You do NOT have to file gift tax returns unless you EXCEED the annual limit ($19K in 2025).  It's usually best to advise client to gift under the amount so that you won't have to file gift returns when they also give a Christmas, birthday, etc. gift to the same person.



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    Stephen Mankowski
    MANKOWSKI ASSOCIATES, CPA, LLC
    steve@mankowski.cpa
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  • 8.  RE: 2 questions

    Posted 04-26-2025 07:51 AM
    Gift can obviously be split , for example, into two parts, one in late December and one in early January. The statement made on the 50k gift is correct, form 709 is required as it is over the annual limit , no matter how it was paid, unless it qualifies as excludable based on what the payments were.... I don't understand what the big deal is about filing 709 forms. Once you read the instructions and get used to the Code sections, or just simply Google to look them up, a simple cash gift, with no valuation issues gives rise to a simple basic 709 form to be completed. 





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