The formulas
- File if present-interest gifts to any one person exceed $19,000
- File for any future interest gift
- File to split gifts, or to make the 529 five-year election
- File if gifts to a noncitizen spouse exceed $194,000
How it works
Rev. Proc. 2025-32 keeps the 2026 annual exclusion at $19,000 per donee and sets the exclusion for gifts to a spouse who is not a U.S. citizen at $194,000. Form 709 instructions require a return for gifts to one person above the annual exclusion, for any gift of a future interest, and to elect gift splitting.
A gift tax return is a reporting return: tax is owed only after lifetime taxable gifts use up the $15,000,000 basic exclusion. Gifts to a U.S. citizen spouse, tuition paid directly to a school and medical bills paid directly to a provider are not reportable.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Do spouses file a joint gift tax return?
No. Each spouse files a separate Form 709.
Is tuition paid to a school a gift?
Paying tuition directly to the school is excluded without limit and does not need a return.
Do 529 contributions need a return?
Only above the annual exclusion, or to make the five-year election.
Sources
- IRS Rev. Proc. 2025-32, 2026 inflation-adjusted items (IRB 2025-45)
- IRS Instructions for Form 709 (2025)
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