SEE-1 - Specialised Returns for Individuals - Section 6.2

Apply gift tax rules including the annual exclusion, unified credit, gift-splitting elections, and educational and medical payment exclusions on Form 709.

Apply gift tax rules on Form 709 using the annual exclusion per donee and the exclusions for direct payments of tuition and medical expenses. Recognise how gift splitting lets married donors treat a gift as made equally by both spouses, and how taxable gifts reduce the unified credit available for estate tax.

Form 709Annual gift exclusionUnified creditGift splitting

Practice question for this objective

Free sampleSpecialised Returns for Individualsmedium

In 2024 Priya Nandakumar makes a single cash gift of 50,000 dollars to her son. Her husband, Aditya, makes no gifts of his own, and the couple validly elects to split all gifts for the year. The annual exclusion for 2024 is 18,000 dollars per donee. After applying the gift-splitting election and the annual exclusion, what taxable gift does each spouse report on their own Form 709?

  • A32,000 dollars, treating the full 50,000 dollars gift as made by one donor and subtracting a single 18,000 dollars annual exclusion.
  • B25,000 dollars, splitting the gift into two halves of 25,000 dollars each but omitting the annual exclusion entirely.
  • C14,000 dollars, which is the gift remaining after both spouses' annual exclusions are subtracted from the full 50,000 dollars gift.
  • D7,000 dollars, halving the gift to 25,000 dollars per spouse and subtracting each spouse's 18,000 dollars annual exclusion. Correct
Apply gift splitting and the annual exclusion in sequence: halve the gift between consenting spouses, then subtract each spouse's own annual exclusion to find the per-spouse taxable gift. With a valid split, the 50,000 dollars gift is treated as 25,000 dollars from each spouse; each donor subtracts a separate 18,000 dollars annual exclusion, leaving 7,000 dollars of taxable gift per spouse and 14,000 dollars in total, so each individual Form 709 reports 7,000 dollars.

Why A is wrong: This is the result of ignoring the split and applying one exclusion to the whole gift (50,000 minus 18,000), which both fails to halve the gift and produces a figure no single spouse would report after a valid election.

Why B is wrong: This correctly halves the gift to 25,000 dollars per spouse but then forgets to subtract the 18,000 dollars annual exclusion each donor is entitled to, overstating the taxable gift.

Why C is wrong: This is the combined taxable gift of both spouses (50,000 minus two 18,000 dollars exclusions, or 7,000 dollars each), not the amount a single spouse reports, so it confuses the per-spouse figure with the couple's total.

Why D is correct: Correct. Splitting attributes 25,000 dollars to each spouse, and each then applies an 18,000 dollars annual exclusion, leaving a taxable gift of 7,000 dollars reported on each spouse's own Form 709.

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