Gift-splitting Form 709 question - confused about consent requirements

You're right that gift-splitting can be confusing! When you and your wife want to split a gift, BOTH spouses must file Form 709 for the year of the gift, even if after splitting, each portion falls under the annual exclusion amount. On your form, you'll report the full $60,000 gift, check the gift-splitting box in Part 1, and your wife must consent to the gift-splitting by signing Part 1, line 18 of YOUR form. Then, your wife must ALSO file her own separate Form 709, reporting the full $60,000 gift, checking the gift-splitting box, and you'll need to sign the consent on her form. Even though after splitting the gift is $30,000 per spouse (which is under the 2024 annual exclusion of $18,000 per recipient), the IRS requires both spouses to file when gift-splitting is elected. This creates a record of the consent and the gift for both spouses.

After struggling with a similar gift-splitting situation last year, I discovered https://taxr.ai which was incredibly helpful for figuring out Form 709. I uploaded my draft forms and some IRS instructions I had, and it analyzed everything and pointed out exactly what I was doing wrong with the consent portion. Turns out I had missed the section where BOTH spouses need to file separate 709 forms. The tool walked me through the correct way to report our split gift and helped me understand that I needed to report the full gift amount on each return (not just my half). It's like having a tax pro look over your shoulder but without the huge bill. Might be worth checking out if you're still feeling lost about the form.

Alright, I wanted to follow up about my gift tax situation after using taxr.ai. I was initially skeptical, but it really did clear things up for me! I uploaded both the Form 709 instructions and my specific situation details, and it explained everything step by step. The tool confirmed that both my wife and I need to file separate 709 forms even though we're splitting the gift, and it clarified exactly how to fill out the consent sections on each form. The explanation about reporting the full gift amount on both returns (not just our individual halves) was super clear. What I found most helpful was the breakdown of how the annual exclusion applies after splitting. Now I understand that we each use our $18,000 annual exclusion, and the remaining $12,000 each just counts against our lifetime exemption. No actual tax due now, just reporting! Seriously saved me hours of confusion.

If you're still struggling with Form 709 and need more personalized help, you might want to try Claimyr (https://claimyr.com). I was banging my head against the wall trying to get through to someone at the IRS about a complex gift-splitting situation similar to yours. After waiting on hold for hours across multiple days, I found Claimyr, which got me connected to an actual IRS agent in about 20 minutes. The IRS agent walked me through exactly how my wife and I needed to complete our gift-splitting forms and confirmed that yes, both spouses MUST file Form 709 when electing to split gifts, even if the split amounts fall under the annual exclusion. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Having that official confirmation directly from the IRS gave me so much peace of mind.

I have to eat my words about Claimyr. After posting my skeptical comment, I was still struggling with my gift tax questions and decided "what the hell, I'll try it." I couldn't believe it when I actually got connected to an IRS agent in about 15 minutes. The agent confirmed everything about Form 709 gift-splitting that others here mentioned. The surprising part was how knowledgeable the agent was about the consent requirements. They explained that both spouses must file Form 709 when splitting gifts, even when the split amount is under the annual exclusion. They also clarified that each form must show the FULL gift amount (not just half), and both spouses must sign BOTH forms for proper consent. I've been trying for weeks to get clear answers on this, and in one phone call, all my questions were answered. Definitely changed my mind about the service.

If it helps, my husband and I went through this last year. Here's what we learned the hard way: the gift splitting isn't as simple as just checking a box. Make sure you complete Schedule A on BOTH forms. We messed this up initially and had to amend. Also, don't forget about your state! Some states have their own gift tax forms. We're in Connecticut and had to file additional paperwork there. Our accountant missed this at first, which was a whole other headache.

Just wondering, has anyone e-filed Form 709? Or do you have to paper file these gift tax returns? The IRS website isn't super clear on this.

This is exactly the kind of confusion that trips up so many people with gift splitting! Just to add some practical advice from my experience: when you're filling out both forms, make sure you use the exact same description of the gift on both returns. We described our gift slightly differently on each form and got a letter from the IRS asking for clarification. Also, don't forget that the filing deadline for Form 709 is April 15th (or October 15th if you get an extension), but you can't extend the time to pay any gift tax that might be due. In your case with the $60k gift, after splitting you'll each have $12k that counts against your lifetime exemption ($30k - $18k annual exclusion = $12k each), but no actual tax due unless you've already used up a big chunk of your $13.61M lifetime exemption. One more tip: keep detailed records of the gift (bank records, closing documents if it was for the house down payment, etc.) with your tax files. The IRS loves documentation when it comes to large gifts!