The formulas
- Without split: taxable = (A - $19,000) + (B - $19,000), each not below zero
- With split: each spouse gives (A + B) / 2; taxable each = half - $19,000
- Saved = without - with
How it works
Section 2513 treats a gift by one spouse to a third person as made one-half by each spouse when both consent and both are U.S. citizens or residents. The consent covers every gift either spouse made to third parties during the calendar year while married. The 2026 annual exclusion is $19,000 per donee under Rev. Proc. 2025-32 section 4.42.
Splitting lets a married couple give $38,000 to one person in 2026 with no taxable gift. Above that, splitting halves the use of lifetime exclusion between the spouses rather than charging it all to the donor.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Can we split only some gifts?
No. The consent applies to all gifts to third parties by either spouse that year.
Do both spouses file Form 709?
Yes, unless an exception applies. Form 709 instructions list two exceptions where only the donor spouse files, both limited to present-interest gifts of $38,000 or less per donee.
Does splitting apply to gifts to each other?
No. It applies only to gifts to third parties. Gifts between spouses use the marital deduction.
Sources
- 26 U.S.C. 2513, Gift by husband or wife to third party (LII)
- IRS Instructions for Form 709 (2025)
- IRS Rev. Proc. 2025-32, 2026 inflation-adjusted items (IRB 2025-45)
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