When it comes to gift tax, the IRS generally holds the giver liable. And unless the person is handing over a small fortune, he or she won’t owe any gift taxes either.
But if your parents are being generous, you might want to fill them in on how the IRS may look at that. This article would help you understand all about the gift tax. But because rules behind calculating gift tax can be complex, your parents should find a financial advisor if they might trigger a tax bill.
For tax year 2018, an individual can give up to $15,000 per person without catching Uncle Sam’s attention. But even if your parent breaches that level, he or she may just need to file some paperwork.
Your parent generally won’t owe an actual out-of-pocket tax payment unless gifts for the year (are) beyond the lifetime gift tax exclusion.
For tax year 2018, it stands at $11.2 million ($22.4 million if married filing jointly). It rises to $11.4 million in 2019 ($22.8 million if married filing jointly).
What is the Gift Tax?
The IRS may impose a gift tax on someone who transfers money or property to another person without getting something of at least equal value in return. However, that action depends on the amount. The IRS basically ignores gifts that don’t breach the annual gift tax exclusion.
In 2018, the annual gift tax exclusion stands at $15,000 ($30,000 for married couples filing jointly.) This means your parent can give $15,000 to you and any other person each without triggering a tax. But let’s say your dad gives you $20,000 after your wedding. At this point, he made a taxable gift. But it doesn’t necessarily mean he has to write a check to the IRS that year because of his gift. However, he has to file a gift tax return and fill out IRS Form 709.
The government requires this in order to keep track of your parent’s lifetime gift tax exclusion.
That’s where many people get confused. But the rules are pretty straightforward. Let’s break it down.
How Does the Lifetime Gift Tax Exclusion Work?
For the tax year 2018, the lifetime gift tax exclusion stands at a hefty $11.2 million ($22.4 million for married couples filing jointly.)
You can think of the annual gift tax exclusion as adding to the lifetime gift tax exclusion. So let’s say mom gives you a total of $25,000 in gift money in 2018. She has to file IRS Form 709 to file the gift, because she used up her $15,000 annual exclusion for the year. But she likely won’t owe any taxes on that gift. The excess amount ($25,000-$15,000=$10,000) simply reduces her lifetime gift tax exclusion amount.
This translates to $11.2 million – $10,000 = $11.19 million. So she can continue making gifts and only worry about some extra paperwork.
Unless she’s going to give past the $11.2 million thresholds over her lifetime, she’s in the clear.
What is the Gift Tax Exclusion for 2019?
The IRS recently announced that the annual gift tax exclusion for tax year 2019 will remain at $15,000 for individuals and $30,000 for married couples filing jointly. However, the lifetime gift tax exclusion will rise to $11.4 million.
It’s important to note, however, that the lifetime gift tax exclusion wasn’t always that high. It rose dramatically following the signing of the Tax Cuts and Jobs Act (TCJA). Often known as the Trump Tax Plan, these tax cuts are scheduled to expire at the end of the year 2025.
Nonetheless, some lawmakers are pushing to make them permanent. Still, political changes may impact provisions of this massive tax overhaul before then. So it’s important to keep track and seek the help of a financial advisor or tax professional when dealing with gift-tax matters.
What Doesn’t Count Toward the Gift Tax?
The IRS never taxes some specific transfers of cash or property regardless of amount. You can avoid gift taxes when making gifts toward the following:
- Political organizations
- Tuition and medical expenses on behalf of someone else
When paying for someone’s tuition or medical bills, it’s best to forward those payments directly to the institution to avoid any hassles with the IRS. So if you have a tuition bill coming in and your parents want to cover it, simply tell them to send the money directly to the school. If they forward it to you first, they’d likely have to fill out some extra paperwork. They may also reduce their lifetime gift tax exclusion when they could have easily avoided it.
Who Pays the Gift Tax?
In the event that a gift triggers an actual tax bill from the IRS, the person responsible for paying it would be the donor. In rare cases, the IRS may levy the gift tax on the recipient if the donor decides not to pay it.
But if your parents are generous enough to fork over an amount that will push them beyond the lifetime gift tax exclusion, they are likely flush enough to cover the tax bill.
Nonetheless, there are several ways the affluent can avoid the gift tax. These include careful estate planning strategies, utilizing the right trust and taking advantage of the exclusions for giving money to students.
These can prove especially handy if your parents are investing in a 529 college savings plan for you.
How Much is the Gift Tax?
In the event your parents do owe out-of-pocket gift taxes to the IRS, the rate usually stretches from 18% to 40%.
However, the IRS sets some specific rules and allows some exceptions when it comes to handling gift taxes. Your parents can learn more about how this impacts their specific situation by reviewing the instructions on IRS Form 709.
How to Avoid the Gift Tax?
Each year, your parents can make a lump sum contribution toward a 529 plan up to five times the annual gift tax exclusion while avoiding gift tax, as long as they make a special election.
As we mentioned above, that limit rose to $75,000 ($150,000 if married filing jointly) for tax year 2018. The special election means your parents ask the IRS to treat this contribution as if they made it evenly throughout a five-year period.
So, let’s say your parents contribute a lump-sum of $50,000 to your 529 plan in 2018.
They triggered the gift tax. But because it was made toward a 529 plan, the IRS can treat it as $10,000 made throughout the course of five years. Therefore, they avoid breaching the annual gift tax exclusion.
As a result, the 529 plan contribution of $50,000 generally won’t reduce their lifetime gift tax exclusion.
The only condition is that they make no more contributions toward the plan for the next five years.
They can request this on a federal gift tax return.
If your parents die within that five year period, however, the IRS considers the remaining portions a part of the parent’s federal gross estate for tax purposes.
So say your parents elected the special five-year rule and the parent dies during year two. The first two portions of the $50,000 lump-sum contribution ($10,000 x 2 = $20,000) won’t count toward your parents’ estate. The remainder ($30,000) will, however. In addition, some states have their own particular estate tax rules.
Thus, your parents should seek a financial advisor or certified public accountant (CPA) if they want to take advantage of the gift tax exemptions around 529 plans.
You most likely won’t owe any gift taxes on a gift your parents make to you. Depending on the amount, your parents may need to file a gift tax return. If they gave you or any other individual more than $15,000 in 2018, they need to file some paperwork.
They generally won’t owe any actual out-of-pocket gift tax bill unless the gifts for the year exceeded their lifetime gift tax exclusion. That factor currently stands at a sizable $11.2 million ($22.4 million for married couples filing jointly).
But if they do owe some gift tax, they may owe up to 40%.
Of course, real gift taxes affect only a small portion of the population because of the high threshold.
However, the annual lifetime gift tax exclusions the Trump Tax Plan established are set to expire in 2025 unless further political action makes them permanent.
If your parents know they may trigger an actual gift tax bill, they should consult a financial and tax professional for guidance.
However, you will almost certainly owe no gift tax on this amount. So feel free to make the most of your windfall.
Estate Planning Tips
- While you most likely won’t owe tax on gifts from your parents, your parents may face a tax bill. However, they should explore different estate planning strategies to avoid gift and estate taxes or minimize the hit.
- If you received a gift from a parent who recently passed away, you should become familiar with the inheritance tax you may face.
- Estate planning can be a complicated financial terrain to navigate. However, a professional can guide you and your parents through it with ease. If you’re interested in working with a financial advisor, you can use our SmartAsset financial advisor matching tool. It provides you with insight on up to three advisors in your area. You can review their qualifications and even set up interviews before deciding to work with one.
SOURCE: Morris Law Group