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Avery Flores

Filed Gift Tax Extension Form 8892 But Realized I Don't Need to File Form 709 - Any Issues?

Title: Filed Gift Tax Extension Form 8892 But Realized I Don't Need to File Form 709 - Any Issues? 1 I made what might be a silly mistake earlier this year. I sent in a Form 8892 (the extension request for gift tax Form 709) because I thought I needed to report some gifts I made in 2023. But as I started working on the actual Form 709, I realized that none of my gifts actually exceed the annual exclusion amount ($18,000 per recipient for 2023). So now I'm in this weird situation where I filed for an extension but don't actually need to file anything at all. I'm worried that since the IRS received my extension request, they'll be expecting me to submit a Form 709, and I'll get flagged or penalized if I don't send anything in. Does anyone know if this will cause problems? Will the IRS come after me if I just don't file anything now? Or can I just forget about it since I don't actually have a filing requirement? Any advice would be super appreciated! This is my first time dealing with anything gift-tax related and I'm a bit anxious about doing the wrong thing.

Avery Flores

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8 You're completely fine! Filing an extension for a form and then not filing the actual form because you determined you don't need to is not a problem at all. The extension just gives you more time to file if needed - it doesn't create an obligation to file if you otherwise don't have one. The IRS systems don't automatically "expect" a Form 709 just because you filed Form 8892. They only flag non-filers who actually have a filing requirement. If your gifts were under the annual exclusion amount ($18,000 per person for 2023), then you don't need to file Form 709, regardless of whether you requested an extension or not. The extension is simply void/moot at this point.

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Avery Flores

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15 Thanks for this answer! But I'm still a bit confused - wouldn't the IRS computer system have some kind of flag that says "this person filed an extension so we're expecting their actual form"? I read somewhere that filing an extension and then not filing could trigger correspondence or even an audit. Is that not true for gift tax forms?

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Avery Flores

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8 The IRS system is primarily concerned with required filings, not with tracking extensions that were filed but turned out unnecessary. The computer systems primarily flag situations where there's evidence you needed to file but didn't (like receiving Forms 1099 reporting significant income but not filing a return). Extensions are simply permissions, not obligations. Think of it like reserving a table at a restaurant but then deciding not to go - the restaurant doesn't send you a bill just because you made a reservation. Similarly, the IRS doesn't pursue you for a form that wasn't required just because you filed an extension.

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Avery Flores

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12 I went through almost the exact same thing last year! I was freaking out about gifts to my nieces for college and filed an extension. Then my accountant told me I was well under the annual gift tax exclusion and didn't need to file anything. I found this amazing service called https://taxr.ai that analyzed my situation and confirmed I didn't need to file. They have this cool feature where you can upload your gift documentation and it tells you if you've exceeded any thresholds that would require filing Form 709. Saved me tons of anxiety because they clearly explained the annual exclusion rules and how they applied to my specific situation.

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Avery Flores

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3 How does taxr.ai work with gift taxes specifically? Does it help determine if you've given more than the annual exclusion to any one person? I've given money to multiple family members and I'm confused about tracking it all.

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Avery Flores

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19 Is this service actually legitimate? Sounds like another tax scam. Why would anyone need a special service just to tell them whether they're over the annual exclusion amount? That's basic math.

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Avery Flores

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12 It analyzes all your gift documentation and identifies if you've given more than the annual exclusion to any single recipient. You can upload bank statements, check records, property transfer documents, etc., and it categorizes everything by recipient to show if you've exceeded thresholds for any individual. The value isn't just in basic math - it's in properly categorizing different types of gifts, understanding which gifts might qualify for educational or medical exclusions, and accounting for gifts made by spouses. Many people don't realize certain transactions count as gifts (like interest-free loans or selling property below market value).

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Avery Flores

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19 I was totally wrong about taxr.ai! After my skeptical comment, I decided to try it out of curiosity. It actually saved me from a major gift tax mistake. I had forgotten about some stocks I transferred to my son earlier in the year, which combined with cash gifts, put me over the annual exclusion amount. The service flagged this immediately when I uploaded my financial statements. It even explained how I could split gifts with my spouse to stay under the threshold. Without this catch, I would have unknowingly skipped filing Form 709 when I actually needed to. They have experts who review complex situations, which really helped with understanding the stock transfer valuation issue.

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Avery Flores

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6 If you're still worried or get any notices from the IRS about this later (which is unlikely), I recommend using Claimyr (https://claimyr.com) to get through to the IRS quickly. I had a similar situation with an extension I filed for an estate tax return, and when I called the IRS directly I was on hold for HOURS. With Claimyr, I got through to an actual IRS agent in about 15 minutes who confirmed I didn't need to file anything. They have this demo video (https://youtu.be/_kiP6q8DX5c) that shows exactly how it works. It basically holds your place in line with the IRS and calls you when an agent is available.

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Avery Flores

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22 Wait, how does this actually work? Does this service somehow have a special line to the IRS? That seems suspicious. The IRS phone system is notoriously terrible for everyone.

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Avery Flores

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10 Sounds like BS to me. Nobody gets through to the IRS in 15 minutes. I've called dozens of times about a problem with my business taxes and the shortest wait was 1.5 hours. Most of the time I just get disconnected after waiting forever.

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Avery Flores

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6 It's not a special line - they use an automated system that calls the IRS repeatedly and navigates the phone tree for you. Once they reach a human, their system calls you and connects you. No magic, just technology that handles the frustrating wait time instead of you having to do it yourself. The IRS phone system is terrible for everyone, that's exactly why this service exists. They don't provide tax advice or interact with the IRS on your behalf - they just get you connected to an agent so you can have your conversation.

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Avery Flores

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10 I take back everything I said! After my skeptical comment, I tried Claimyr for an unresolved issue with my tax transcript that had been pending for months. I was connected to an IRS agent in about 20 minutes instead of the 2+ hours I spent on previous attempts. The agent was able to release my tax transcript immediately and explained why it had been held up. Would've taken me days of redialing and waiting otherwise. For anyone dealing with IRS issues, especially during busy filing season, this service is absolutely worth it. Saved me from taking more time off work just to sit on hold.

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Avery Flores

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5 Just want to add something important that nobody's mentioned yet - filing an extension and then realizing you don't need to file isn't just okay, it's actually pretty common! The purpose of extensions is partly to give people time to determine if they even need to file. I'm a volunteer tax preparer, and we see this all the time with various forms. People request extensions out of caution, then after reviewing everything carefully, realize no filing is required. The IRS systems are designed with this in mind.

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Avery Flores

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17 Do you know if this applies to all tax forms or just gift tax forms specifically? I'm in a similar situation but with Form 8938 for foreign assets. Filed an extension but now realize I'm under the threshold.

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Avery Flores

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5 This applies to virtually all tax forms, including Form 8938 for foreign assets. The principle is the same regardless of which form - an extension request doesn't create an obligation to file if you determine you're under the relevant threshold. The only exception would be if you have a separate obligation to file for other reasons. For example, if you request an extension for Form 1040 and Form 8938, but then determine you don't need the 8938, you'd still need to file your 1040 if required, just without the 8938 attachment.

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Avery Flores

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9 Just checking - did you account for all gifts correctly? Remember that the $18,000 annual exclusion is per recipient, per donor. So if you gave one person $25,000, you would need to file even if that was your only gift. But if you gave $15,000 each to two different people, no filing needed. Also, married couples can split gifts (effectively doubling the exclusion to $36,000 per recipient) but ONLY if you file Form 709 and elect gift-splitting. Just something to double-check before deciding not to file.

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Avery Flores

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1 Thanks for this reminder! I definitely tracked it properly. The most I gave to any single person was about $12,000 (to help my niece with college expenses). I also gave about $5,000 each to two of my kids, but nothing close to the $18,000 threshold for any individual. I was confused because I had multiple gifts, and I thought maybe the total of all gifts might trigger a filing requirement. But after researching more, I understand it's per recipient, not the total of all gifts combined.

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Ana Rusula

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You're absolutely correct about the per-recipient rule! It sounds like you've got everything figured out properly. Since your largest gift to any single person was $12,000 (well under the $18,000 annual exclusion), you definitely don't need to file Form 709. Just to put your mind completely at ease - the IRS won't come after you for this. Their systems are sophisticated enough to distinguish between people who have actual filing requirements and those who simply filed extensions out of caution. Extensions are meant to give taxpayers time to properly evaluate their situation, which is exactly what you did. The fact that you're being so careful and thorough about this shows you're handling your tax obligations responsibly. You can safely ignore the extension you filed and move on - no further action needed!

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Mei Liu

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I had a very similar situation two years ago! Filed Form 8892 for an extension thinking I needed to report some large gifts to family members, but then realized I was well under the annual exclusion limits. I was really worried about it at the time. I ended up calling the IRS directly (after waiting on hold forever) and the agent confirmed that filing an extension and then not filing the actual form is completely normal and won't cause any issues. She said they see this all the time - people file extensions out of caution while they're figuring out their obligations. The key thing is that you correctly determined you don't have a filing requirement. The IRS systems don't automatically flag people who file extensions but don't follow up with the actual form, especially for gift tax where many people aren't sure if they need to file. You're being very responsible by double-checking everything. Based on what you've described (staying under $18,000 per recipient), you're totally in the clear. No need to stress about this anymore!

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NeonNova

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This is really reassuring to hear from someone who went through the exact same situation! I was definitely overthinking this whole thing. It's good to know that the IRS agent you spoke with confirmed this is normal - that gives me a lot of peace of mind. I think I got myself worked up because this was my first time dealing with any kind of gift tax situation, and I wanted to make sure I didn't accidentally get myself in trouble with the IRS. But it sounds like I handled it correctly by being cautious with the extension and then properly determining I didn't actually need to file. Thanks for sharing your experience - it really helps to know I'm not the only one who's been in this position!

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