< Back to IRS

Jackson Carter

Help filling out Schedule A of Form 709 for Gift Tax - parents gifting house to kids

My parents recently decided to give my brother and me each 1/2 ownership of their family home, and they've asked me to help them with the paperwork. I'm really struggling with Part 1 of Schedule A on Form 709 (the Gift Tax return). For context, they bought this house about 15 years ago for $110,000, and we just got an appraisal done that values it at $270,000 today. I've tried filling out the boxes based on what I understand, but I'm not confident I've done it right. I have a few specific questions: * Have I filled out the boxes correctly? (I've checked some fields but I'm uncertain if I'm using the right values or if I'm missing something) * Since both my parents own the house together, this would be considered a split gift, right? If so, does that mean they each need to file separate Form 709s with identical numbers? * There's a section about "gifts made by spouse" - do we need to fill that part out? I started reading the instructions but got confused... This is my first time dealing with gift taxes, and I really don't want my parents to have issues with the IRS because I messed up the forms. Any help would be greatly appreciated!

You're on the right track, but let me clarify a few things about Form 709 and gift taxes that might help. For the house gift, since your parents are gifting real property valued at $270,000, each parent would report their half of the gift ($135,000) on their own separate Form 709. On Schedule A, Part 1, you'd list your brother and yourself as donees, each receiving a $67,500 gift from each parent (half of each parent's interest). Remember that each parent can exclude $17,000 (the 2023 annual exclusion) per recipient, so only $50,500 per donee would count toward the lifetime exemption. Yes, this is considered a split gift, but both parents need to file their own separate Form 709. The "gifts made by spouse" section is only used when one spouse wants to consent to splitting a gift that was made from their separate property. Since both your parents jointly own the house, each is already giving their own half, so gift-splitting consent isn't necessary in this case. Make sure to include the appraisal documentation with the returns when they file them.

0 coins

Thanks for the explanation! So just to make sure I understand correctly - on each parent's Form 709, they would report $67,500 to me and $67,500 to my brother? And then they each subtract the $17,000 annual exclusion from each gift? Also, for the basis section, should I put down $55,000 as the basis for each half of the house (half of the original $110,000 purchase price)?

0 coins

Yes, each parent would report gifts of $67,500 to you and $67,500 to your brother on their separate Form 709s. Then each parent would apply the $17,000 annual exclusion to each gift, resulting in $50,500 per recipient counting toward their lifetime exemption. For the basis section, you're correct. Each parent would report their half of the original basis, so $55,000 would be the adjusted basis for each parent's interest in the property. Make sure to document how this basis was determined in case of any questions from the IRS later.

0 coins

After struggling with gift tax forms when my parents transferred their vacation property to me last year, I found this amazing service called taxr.ai (https://taxr.ai) that made the whole process WAY easier. It uses AI to analyze tax forms and gives you step-by-step guidance specific to your situation. I uploaded a picture of my partially completed Form 709 and the property deed, and it pointed out several mistakes I had made on Schedule A. It also explained exactly how to handle the split gift situation between my parents. Saved me hours of frustration and possibly an audit! You might want to give it a try since gift tax reporting can get complicated, especially with real estate transfers between family members.

0 coins

How accurate is this service? I've been burned before by tax software that seemed helpful but then gave me incorrect advice for my specific situation. Does it actually understand the nuances of gift tax forms?

0 coins

I'm curious - does it help with the actual filing too or just the guidance part? My parents need to file these gift tax forms next month and I'm wondering if this would streamline the whole process.

0 coins

The accuracy has been excellent in my experience. It's specifically designed to understand tax forms and their requirements, not just generic tax advice. It caught a mistake I made with the stepped-up basis calculation that even my tax-savvy friend missed. It provides guidance rather than filing directly. You upload your documents, and it analyzes them to give you detailed instructions on exactly what to enter in each field. My parents still had their accountant do the final review and filing, but having everything correctly prepared saved a lot of time and money on professional fees.

0 coins

Just wanted to follow up - I tried taxr.ai for my parents' gift tax situation and it was incredibly helpful! I uploaded pictures of our draft Form 709 and property documents, and it immediately identified three errors I had made. One was pretty serious - I had completely misunderstood how to calculate the adjusted basis for a partial interest gift. The step-by-step instructions were clear and easy to follow. It even generated a checklist of supporting documents we needed to include with the filing. My parents' accountant was impressed with how thoroughly we had prepared everything. Definitely worth checking out if you're dealing with gift tax forms!

0 coins

If your parents have any questions about their gift tax filing or want to confirm they're doing it right, good luck trying to reach anyone at the IRS! I spent WEEKS trying to get through to a human being for a simple question about my gift tax return. I finally discovered Claimyr (https://claimyr.com) and it was a game-changer. They have a service that gets you through to an actual IRS agent without the endless waiting. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was super skeptical, but I had a complex question about reporting my business property gift that couldn't be answered by the IRS website. Within about 15 minutes of using Claimyr, I was talking to a real IRS agent who walked me through exactly what I needed to do. Saved me from potentially making a costly mistake on my Form 709.

0 coins

How does this actually work? The IRS phone system is notoriously impossible to navigate. Do they just keep calling until someone answers?

0 coins

Yeah right. No way this actually works. I've tried EVERYTHING to get through to the IRS. Even my tax professional can't get a human on the line in less than 2 hours. Sounds like a scam to me.

0 coins

It's not magic - they use an automated system that navigates the IRS phone tree and holds your place in line. When they reach a human agent, you get a call connecting you directly. It's basically what professional tax preparers have been doing for years, just made available to everyone. The reason it works is they have the system call constantly using the optimal times and navigation paths through the phone system. I was skeptical too, but after waiting on hold for 3+ hours myself multiple times with no success, I figured it was worth a try. I had nothing to lose at that point. The IRS agent I spoke with answered my question about reporting split gifts of business property in about 5 minutes.

0 coins

I need to apologize and correct myself. After posting my skeptical comment, I was still stuck with questions about a gift tax issue similar to yours, so I decided to try Claimyr as a last resort. I'm genuinely shocked - it actually worked! I got connected to an IRS agent within 20 minutes. The agent walked me through exactly how to complete Schedule A for the gift of a rental property to my children (which had some complicated basis calculations). She even explained which supporting documents I needed to include with my filing to avoid potential questions later. I've spent MONTHS trying to get clear answers on this. What would have been another day wasted on hold was solved in a single phone call. Consider me a convert!

0 coins

One thing nobody's mentioned yet - make sure your parents file Form 709 even if they don't owe any gift tax! A lot of people think they don't need to file because they're under the lifetime exemption limit, but for gifts of this size, filing is required regardless of whether tax is due. I learned this the hard way when my father gifted me part of his business in 2022. He didn't file Form 709 because he was well under the lifetime exemption. The IRS sent him a notice about the unfiled form two years later, and sorting it out was a nightmare.

0 coins

Thanks for pointing this out! Do you know what the filing deadline is? Is it the same as the regular tax deadline in April?

0 coins

Yes, Form 709 is due by April 15th of the year following the gift, so if they made the gift in 2023, the form would be due April 15, 2024. They can also get an extension to October 15th if needed, but they need to request it using Form 8892. Just remember that if they do owe any gift tax (unlikely given the current lifetime exemption amount), the payment is still due by April 15th even if they get an extension for filing the form itself. Your parents' situation sounds like it falls well within the exemption amount, but it's important to know the rules.

0 coins

Has anyone dealt with reporting a gift of property that's increased dramatically in value? My parents bought their house for almost nothing in the 70s, and now it's worth close to a million. I'm worried about the tax implications when they transfer it to me.

0 coins

The good news is that gift tax is based on the fair market value at the time of the gift, but the tax is paid by the GIVER not the recipient. So your parents would be responsible for any gift tax, not you. With the current lifetime exemption over $12 million per person, most people never actually pay gift tax. The bad news is that you'll inherit their low basis, which means if you sell the property later, you could face a large capital gains tax. Sometimes it's more tax-efficient for parents to keep property until death when heirs get a stepped-up basis.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today