Understanding Gift Taxation

There are many reasons to make gifts during youragainst the $1,000,000 lifetime exclusion. That is, a
lifetime. There are personal and tax reasons forperson can give $12,000 per year without any gift tax
making lifetime gifts. Despite all of the fancy estateconsequences at all.
planning tools available, gift giving is one of the simplestThere is no limit to the number of people that you may
and most effective ways to reduce one's estate taxgive $12,000 to without using up your Lifetime
liability. Moreover, many people enjoy giving gifts duringApplicable Exclusion. Married persons may give up to
their lifetime. Despite the prevalence, many people do$24,000 to an individual in one calendar year.
not understand the gift tax system.Additionally, a married person may make unlimited gifts
The gift tax is a federal tax. The gift tax is paid by theto their spouse without incurring any gift tax liability. If a
person who makes the gift, not by the recipient. Thegift is less than $12,000 in a calendar year there is no
receipt of a gift is not a taxable event for income taxneed to file a gift tax return with the Internal Revenue
purposes. To understand the federal gift tax system itService. Consult your tax advisor if you want to make
is important to understand two key exclusions: Lifetimea gift larger than $12,000 to one person in a calendar
Applicable Exclusion and the Annual Exclusion.year.
The Lifetime Applicable Exclusion is an amount ofIn another example: Fred has three children. Fred may
money that may be given away tax free. An individualgive each child $12,000 per year without any gift tax
may give up to $1,000,000 in a lifetime without incurringliability or using any of the $1,000,000 Lifetime
any tax liability. If the Lifetime Applicable Exclusion isApplicable Exclusion. However, if Fred's gift to each
exceeded, the gift tax rate ranges between 41child increased to $15,000 in one calendar year, the
percent to 46 percent.amount of the gift in excess of the $12,000 ($3,000 for
For example, Fred has made $1,100,000 worth of giftseach child) would count against the Lifetime Applicable
during his lifetime. Fred's first $1,000,000 will beExclusion. Fred would have used $9,000 of the
excluded from gift tax by the Lifetime ApplicableLifetime Applicable Exclusion and would be required to
Exclusion. The remaining $100,000 will be taxed at afile a gift tax return with the Internal Revenue service.
rate of 41 percent. Fred would be subject toTherefore, it is generally wise, unless advised
approximately $41,000 in gift tax. Fortunately, mostdifferently by your tax advisor, to limit your lifetime gifts
people do not have to worry about exceeding theto an amount less than $12,000 (or $24,000 for married
Lifetime Exclusion Amount.couples) per year to any one individual.
The second key concept to the gift tax, and perhapsMaking a lifetime gift makes sense for many reasons
the more important concept, is the Annual Gift Taxboth personal and fiscal. Understanding the basics of
Exclusion. The Annual Gift Tax Exclusion allows athe federal gift tax system can make the process a
person to make a $12,000 gift to an individual. As longlittle easier. If you are considering making a large gift be
as a gift to one person is equal to or less than $12,000sure to consult your tax advisor. There is no substitute
in one calendar year, no amount will be countedfor individually tailored tax advice.