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Chloe Green

Form 709 Filing - Gift Tax Question with Multiple Recipients Above and Below Reporting Limits

I've been scratching my head over a Form 709 gift tax situation and can't seem to find a clear answer anywhere (the instructions are so frustratingly vague!). Here's my situation - my aunt wants to give $21,000 to my cousin Jason and $6,000 to his sister Melissa this year. What's confusing us is whether she needs to report both gifts on the 709 form or just Jason's gift since it exceeds the annual exclusion amount? Also, we were wondering if there's a way she could avoid filing the 709 altogether by splitting the gifts differently - like maybe giving $11,000 to Jason and $11,000 to his wife Sarah instead? My aunt is widowed so she can't do gift-splitting with a spouse of her own. Any insights from people who have dealt with Form 709 and multiple gift recipients would be super helpful!

This is a really common question with gift tax reporting! Let me clear this up for you. When filing Form 709, your aunt would need to report ALL gifts made during the calendar year, even those under the annual exclusion amount (currently $17,000 per recipient for 2023). So both the $21,000 to Jason and the $6,000 to Melissa should be listed on the form. However, only the amount exceeding the annual exclusion ($4,000 in Jason's case) would count against her lifetime gift and estate tax exemption. As for your second question - yes, that strategy would work! If your aunt gives $11,000 to Jason and $11,000 to his wife Sarah, both gifts would be under the annual exclusion amount, and she wouldn't need to file Form 709 at all. The IRS treats spouses as separate individuals for gift tax purposes, so this is a completely legitimate planning strategy.

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Thanks so much for the clear explanation! I had no idea she'd need to report ALL gifts, even those under the $17,000 limit. That wasn't clear from what we read. One follow-up question - does that mean even small gifts like birthday presents to other family members should be included? And is there any minimum threshold where she doesn't have to worry about reporting?

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You're welcome! There actually is a bit of nuance I should clarify. Your aunt only needs to report ALL gifts if she's already required to file Form 709 because of a gift exceeding the annual exclusion. Once the form is required, then yes, technically all reportable gifts should be listed. For your second question, there are some exceptions! Gifts that qualify for the educational or medical exclusion (paid directly to the institution/provider) don't count toward the annual limit. Also, gifts of "present interest" under the annual exclusion don't need to be reported if no other gifts require filing. So those birthday presents to other family members wouldn't require reporting unless they're unusually expensive.

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I was dealing with a similar gift tax situation last year and discovered taxr.ai (https://taxr.ai) which was incredibly helpful with Form 709 questions. I uploaded the gift details and some questions I had about reporting thresholds, and their AI analyzed everything and provided really specific guidance based on my particular situation. The system even helped me understand how to properly report multiple gifts to different people and which ones needed to be included on the form.

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Did it explain how to fill out the actual form? That's where I've been struggling. Those schedules are confusing as heck.

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I'm curious - does it handle more complex gift situations? Like gifts to trusts or gifts of hard-to-value assets? Those are what usually trip me up.

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It absolutely explained how to complete the actual form! It walked me through each schedule and which sections needed to be completed for my specific situation. The guidance was super clear and saved me tons of time figuring out which boxes needed what information. For complex gift situations, it definitely handles those too. I actually had a question about gifting some privately-held stock, and it provided detailed guidance on valuation requirements and how to report non-cash gifts properly. It also covered trust situations and explained the difference between direct gifts and gifts in trust for gift tax purposes.

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Just wanted to follow up about my experience with taxr.ai. I decided to try it after seeing it mentioned here, and wow - it completely simplified my Form 709 filing questions! I had a situation with multiple gifts (some to family trusts) and wasn't sure how to handle the reporting. The platform analyzed my specific scenario and provided step-by-step guidance that was way clearer than the IRS instructions. Honestly wish I'd known about this tool sooner - would have saved me hours of research and confusion with gift tax reporting!

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After struggling with the IRS phone line for THREE DAYS trying to get gift tax questions answered (kept getting disconnected or waiting for hours), I finally found Claimyr (https://claimyr.com). They got me connected to an actual IRS agent who walked me through my exact Form 709 situation. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. I was skeptical at first, but they literally called the IRS for me, navigated the phone tree, waited on hold, and then called me when an agent was on the line. The agent confirmed exactly how to handle multiple gifts across different recipients and which ones needed reporting.

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Wait, how does this actually work? Do they just call for you or do they somehow have a special line to the IRS? Seems strange the IRS would allow a third party service.

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Yeah right. No way this actually works. The IRS doesn't prioritize calls from random services. I've been trying to reach them for weeks about a gift tax question.

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They don't have a special line - they use technology to navigate the IRS phone system and stay on hold so you don't have to. It's basically like having someone wait in line for you. When they reach an agent, they connect you directly to that person. The IRS doesn't know or care that you used a service to wait on hold. They aren't claiming to get you priority treatment or a secret line - they're just handling the frustrating hold time part. I was really skeptical too but when I actually got through to an IRS rep who answered my specific Form 709 question after trying unsuccessfully for days on my own, I was convinced.

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I need to eat my words. After my skeptical comment, I was desperate enough to try Claimyr since my Form 709 filing deadline is coming up. I seriously couldn't believe it when my phone rang and there was an actual IRS agent on the line! Took less than 2 hours (which is nothing compared to the DAYS I spent trying before). The agent walked me through exactly how to handle my multi-recipient gift situation and confirmed I needed to list all gifts on the form once I exceeded the threshold with any single person. Saved me from making a potentially costly mistake on my gift tax reporting. Sometimes being proven wrong is a good thing!

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One thing to remember with Form 709 reporting is that the annual exclusion is per recipient, per donor. So if your aunt had been married, she and her spouse could have given up to $34,000 to each person without needing to file (with gift splitting). But since she's widowed, she's limited to the individual exclusion amount.

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Is gift splitting automatic, or do you have to elect it somewhere on the form? Also, do both spouses need to file Form 709 to claim gift splitting?

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Gift splitting is definitely not automatic! You have to specifically elect it on Form 709. And yes, both spouses need to file the form, even if only one spouse actually made the gifts. The non-donor spouse files a "consent" 709 to agree to the gift splitting. It's one of those details that trips up a lot of people. The forms need to cross-reference each other too, which adds another layer of complexity. But when it works, it's a great way to effectively double your annual exclusion amount.

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Has anyone used one of those online gift tax calculators? I've seen a few but don't know if they're accurate for figuring out if I need to file. Gave money to my three kids last year, one got more than others.

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Those online calculators are hit or miss in my experience. I used one that completely missed the fact that I needed to file because while no single gift was over the limit, I had to file because of the gift-splitting election with my spouse.

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I've been dealing with similar gift tax situations for years, and one thing that really helped me understand Form 709 requirements was keeping detailed records throughout the year. I create a simple spreadsheet tracking every gift over $100 to any recipient - it makes filing season so much easier! For your aunt's situation, the strategy of splitting between Jason and his wife Sarah is definitely smart. Just make sure she documents the gifts properly (bank records, check copies, etc.) in case the IRS ever asks. Also worth noting that if she plans to make regular large gifts in future years, she might want to consider setting up a more formal gifting strategy to maximize her lifetime exemption usage. One last tip - if your aunt decides to go with the Form 709 filing route, don't wait until the last minute. The form can be tricky to complete correctly, and you want time to double-check everything or get professional help if needed.

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That's really smart advice about keeping detailed records! I never thought about tracking gifts over $100 throughout the year. Do you include things like expensive birthday or holiday gifts in that tracking, or just cash gifts? Also, when you mention "formal gifting strategy" - are you talking about things like annual gifting plans or setting up trusts? My aunt is pretty overwhelmed by all the options and we're trying to figure out what makes sense for her situation.

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Yes, I include ALL gifts over $100 - cash, expensive birthday/holiday gifts, even things like paying for someone's vacation or car repairs. The IRS considers anything of value a gift, so it's better to track too much than too little. I learned this the hard way when I got audited and realized I'd been under-reporting gifts for years! For formal gifting strategies, I was thinking more along the lines of annual gifting plans where your aunt decides upfront how much she wants to give each person every year to maximize her annual exclusions. For example, if she wants to help multiple family members, she could give $17,000 to several people each year rather than larger lump sums that trigger Form 709 filing. Trusts are definitely more complex and probably overkill unless your aunt has a really large estate. For most people, just being strategic about timing and amounts of direct gifts works great. The key is consistency and good record-keeping!

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This is such a helpful thread! I'm dealing with a similar situation where my mom wants to help multiple grandchildren with college expenses. Based on what everyone's shared here, it sounds like the key is being strategic about timing and amounts. One thing I wanted to add - if your aunt is planning to help with education costs, she might want to consider paying tuition directly to the school instead of giving cash to the students. Those direct payments to educational institutions don't count toward the annual gift tax exclusion at all, so she could pay unlimited tuition amounts without any gift tax implications. Then she could still give each person up to the annual exclusion amount ($17,000 for 2023) on top of that. This could be a great way to maximize her giving without triggering Form 709 filing requirements. Just make sure the payments go directly to the institution - if she gives the money to the student who then pays tuition, it counts as a regular gift subject to the annual limits.

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