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IRS Form 709

Purposes And Main Objectives

In the United States, there are different laws and requirements regarding the business activity. In 2021, the rules for filing certain official documents regulating tax and financial issues changed. Therefore, read the innovations of this form in advance to avoid mistakes.

So, what’s new? Firstly, the annual exclusion of gifts for the last year was about 15 thousand dollars. Secondly, the maximum rate for presents and transfers remained at 40 percent. At the same time, the base loan amount for 2020 was no more than five million dollars. These few innovations will allow you to understand the dynamics of changes in taxes on gifts. Now let’s move on to the form itself and its purposes.

This form has two functions:

  • to make transfers subject to federal gift tax and GST
  • to distribute a lifetime GST exemption on property transferred during the life of the transferor

Remember that you must calculate all gift taxes and GST and file them based on the calendar year. Besides, file a separate tax return for each calendar year of giving the gift. Do not submit more than one application per calendar year.

Who Can Apply?

In general, not everyone may submit this form, as there are several nuances. If you are a citizen or resident of the United States, you may submit a gift form in the following cases. The total amount of gifts in 2020 given by you is more than 15 thousand dollars. Secondly, the so-called “gifts of future interests” are also associated with taxes. So you may submit a form including them in the list. Thirdly, note that the spouses do not have the right to submit a joint gift document. It is a mandatory requirement of the authorities, as everyone is responsible for their application. You may also complete this form if you want to share the gifts with your spouse. In the end, only individuals are subject to the fulfillment of these requirements. Only they are required to fill out tax returns on gifts. In this case, the donor is fully responsible for paying the gift tax. Otherwise, if the first person refuses to pay the tax, the person who received the gift may be forced to pay the amount.

These are the main terms and conditions for submitting this application. Carefully read all information and follow the innovations. By the way, if you have only made charitable contributions to any funds or organizations, you do not need to file a tax return. On the other hand, you do not need to fill out this application if you have these moments:

  • during the past year, you did not give gifts to your spouse
  • the amount of presents is not more than 15 thousand dollars
  • the presents of ” real interests.”

Transfers And Taxes

As noted earlier, transfers are subject to the gift tax. In general, the federal gift tax applies to any donation of real or personal property (tangible or intangible). Usually, these are the things that you gave directly or indirectly. According to the rules, this tax applies to the gratuitous transfer of any property, sales, and exchanges. In any case, it is a supplement to other taxes. What else may you apply to the gift tax? It is applied to any digital asset (content, data, images) and bonds.

However, some transfers do not apply to gift taxes. Below you will find a list of these transfers:

  • transfers to political organizations and foundations
  • payments to exempt organizations
  • transfers related to the education system
  • payments eligible for medical exclusion

To avoid miscalculations and misunderstandings, be sure to read the data and rules regarding gift taxes.

The above information applies to US citizens and residents. However, as in any country, the United States has rules regarding the payment of taxes for non-residents and non-citizens. So, if you are a non-resident and non-citizen person, pay the gift tax on tangible property and the GST. In some cases, such persons must pay tax for intangible property. In general, it is the jurisdiction of each state.

Date Of Submission Of This Form

Keep in mind that this application is an annual tax return that must be filed within a specific time frame. You may submit it no earlier than January 1 and no later than April 15 of the year following the donation. However, if April 15 is a weekend or a public holiday, it is better to complete the form on the next business day.

But sometimes there are different life situations when people do not have time to apply in time. That is why there are two ways to extend the deadline for submitting a form in the United States. In any case, do not neglect deadlines and use the right to extend in extreme situations.

Prolongation of the federal income tax filing deadline automatically extends the deadline for filing a gift tax return. In this case, fill out the accompanying forms and official documents. The second option assumes the following. You may submit form 8892 to request an automatic extension. We recommend that you read these documents in advance. As for changing this form, you may submit a new form of the same type. Then mark on the first page of the application that you have changed the data. Next, attach a copy of the first three pages of the original form. It will allow you to make changes and not waste time.

Please note that late submission and payment of the document lead to penalties. If such a situation has occurred, send an explanation, and the Service will determine whether it is possible to cancel the fine for the specified reason.

Instructions For Filling Out The IRS 709 Form

Before filling out the application, be sure to read the step-by-step instructions. Any information can help you fill it out and protect you from risks and penalties.

1. Basic Information

As with any other official document, the form includes general information about you. You need to enter your first and last name and your social security number. If you do not have such a number, enter your taxpayer identification number, but only if you have previously used it when filing tax documents in the United States. If you don’t have any code at all, leave the line blank. Next, enter your current address, specifying the city and street. If you have a foreign address, enter it without abbreviations. Specify your citizenship.

step 1.1 basic information - filling out an irs form 709

Now you need to select the items and specify the valid data. For instance, if the donor died in the current year, write the date of death. If you once extended the time of submission of the document, specify in the ninth paragraph. In any case, do not ignore these questions.

step 1.2 basic information - filling out an irs form 709

2. Gifts And Taxes

These items relate to questions about gifts and the consent of the spouses to their division. We remind you that a married couple does not have the right to file a joint tax return since everyone is individually responsible for the form. On the other hand, there is another rule regarding married couples. If both spouses agree to share the gifts and taxes accordingly, file both individual tax returns together. If you give your consent regarding presents to third parties, fill out items 13 to 18. If your answer is no, leave them blank.

step 2 gifts and taxes - filling out an irs form 709

3. Tax Calculation

In the United States, there is a rule that a person whose spouse died after 2010 has the right to use the unused amount of the deceased’s exclusion (DSUE). If you applied this rule and used the amount, fill in this section. If your answer is no, sign the document and go to the next section.

step 3 tax calculation - filling out an irs form 709

4. Taxable Gifts

It is one of the significant sections of this application, so read the information and questions carefully and answer very clearly. In this section, you may include all gifts and transfers, except those related to political organizations, medical and educational exclusions. Select the appropriate option in the first line about discounts. If the price contains a discount for any reason, answer ” yes ” and fill in all the details.

The item “B” applies to qualified education and asks for specific information. If your translations made this year are related to training programs, attach an explanation. Plus, you must report all such contributions for 2020 for any person exceeding $75,000. Next, you create a list of such gifts by filling in the columns (A-H). You specify the donee’s name and address, the date, and the description itself.

After creating the gift list, fill out all three parts of the form. The first part applies exclusively to gift taxes. The second part is related to those things that are taxed on gifts and the GST. Finally, the third part refers to those things that are currently taxable but may later be subject to GST tax. These are three different parts, don’t mix up the data.

step 4 taxable gifts - filling out an irs form 709

5. Settlement Of Issues

In this section (Part 4), you check the taxable gifts and data. In the first line, specify only the presents of the giver. The second row refers to the total number of annual exceptions you request for gifts from the top table. Then fill in the list of information, including deductions within the framework of marital shares and charity.

step 5.1 settlement of issues - filling out an irs form 709

Then you go to the next section, but before that, be sure to check item 11a on the first page. If you haven’t previously filed a gift tax return, choose “no.” Otherwise, select “yes,” and fill in the items in this table in chronological order. Specify specific amounts for periods. Be sure to write down all changes to your data, including your first and last name. Also, include all tax offices and their addresses to which you have filed your tax returns.

step 5.2 settlement of issues - filling out an irs form 709

6. DSUE Amount

This section deals with the amount of unused exclusion of the deceased spouse, as mentioned earlier. If you have had several marriages during which the spouses died, you have the right to use the DSUE amount. But you can’t use all the amounts at once. Fill in all information about the deceased spouse, including the date of death (A-F and total data).

step 6 dsue amount - filling out an irs form 709

7. GST Tax

The final section consists of three parts, the first of which is about transfers. Enter all the gifts listed above in section ” A ” in chronological order. In the second column, give a detailed description, but only the ETIP translations. If there is no such information, leave the column empty. In the following columns, enter the mathematical calculations in the acceptable values.

step 7.1 gst tax - filling out an irs form 709

The second and third parts are exclusively about checking the exceptions of such transfers. Plus, each donor is entitled to a lifetime GST exemption under US law. Before entering the amounts, make sure that they are correct. After filling out this application, be sure to check the data several times and sign it.

step 7.2 gst tax - filling out an irs form 709