09/04/2026
Feeling generous?
A common question surrounding annual gifting is whether a gift tax return needs to be filed.
It depends on how the gift is structured.
If you give within the annual exclusion amount ($19,000 per recipient in 2026), no gift tax return is generally required. For gift tax purposes, the transfer doesn’t need to be reported.
If you exceed the annual exclusion amount for any one recipient, Form 709 is required — even though no gift tax is typically owed. The form simply tracks how much of your lifetime estate and gift tax exemption has been used.
And if spouses elect to split gifts (treating a gift from one spouse as though it came half from each spouse, effectively doubling the annual exclusion to $38,000 per recipient), Form 709 is generally required even if the combined gift remains within the doubled exclusion amount.
One important nuance: There is no joint Form 709, and so each spouse must file a separate return, and both spouses must consent to the gift-splitting election.
In most cases, the filing is procedural rather than punitive. But it does matter, and it needs to be handled properly – so be sure to use a CPA.
*Form 709 is generally due April 15 of the year following the gift, though extensions are available.
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