Instructions For Form 709 - 2009


2 0 09
Department of the Treasury
Internal Revenue Service
Instructions for Form 709
United States Gift (and Generation-Skipping Transfer) Tax Return
For gifts made during calendar year 2009.
Transfers subject to the federal gift and
even if the gift was under $13,000. See
Section references are to the Internal
certain generation-skipping transfer
Annual Exclusion on page 2.
Revenue Code unless otherwise noted.
(GST) taxes and to figure the tax, if any,
A husband and wife may not file a joint
For Disclosure, Privacy Act, and
due on those transfers and
gift tax return. Each individual is
Paperwork Reduction Act Notice, see
responsible for his or her own Form 709.
Allocation of the lifetime GST
page 12.
You must file a gift tax return to split
exemption to property transferred during
gifts with your spouse (regardless of their
the transferor’s lifetime. (For more details,
see the instructions for Part 2 — GST
amount) as described in Part 1 — General
For Gifts
Revision of
Exemption Reconciliation on page 11,
Information on page 4. Form 709-A,
Form 709
and Regulations section 26.2632-1.)
United States Short Form Gift Tax Return,
is obsolete.
– – – – –
January 1,
All gift and GST taxes must be
If a gift is of community property, it is
computed and filed on a calendar
considered made one-half by each
year basis. List all reportable gifts
spouse. For example, a gift of $100,000
January 1,
made during the calendar year on one
of community property is considered a gift
31, 1981
Form 709. This means, you must file a
of $50,000 made by each spouse, and
January 1,
separate return for each calendar year a
each spouse must file a gift tax return.
31, 1986
reportable gift is given (for example, a gift
Likewise, each spouse must file a gift
given in 2009 must be reported on a 2009
tax return if they have made a gift of
January 1,
Form 709). Do not file more than one
property held by them as joint tenants or
31, 1988
Form 709 for any one calendar year.
tenants by the entirety.
October 9,
Only individuals are required to file gift
31, 1989
How To Complete Form 709
tax returns. If a trust, estate, partnership,
or corporation makes a gift, the individual
October 8,
January 1,
1. Determine whether you are
beneficiaries, partners, or stockholders
required to file Form 709.
are considered donors and may be liable
2. Determine what gifts you must
January 1,
for the gift and GST taxes.
31, 1992
The donor is responsible for paying the
3. Decide whether you and your
– – – – –
gift tax. However, if the donor does not
spouse, if any, will elect to split gifts for
31, 1997
pay the tax, the person receiving the gift
the year.
may have to pay the tax.
4. Complete lines 1 through 18 of
* Use the corresponding annual form.
If a donor dies before filing a return, the
Part 1, page 1.
donor’s executor must file the return.
5. List each gift on Part 1, 2, or 3 of
What’s New
Who does not need to file. If you meet
Schedule A, as appropriate.
all of the following requirements, you are
The annual gift exclusion for 2009
6. Complete Schedule B, if applicable.
not required to file Form 709:
increased to $13,000. See Annual
7. If the gift was listed on Part 2 or 3
You made no gifts during the year to
Exclusion on page 2.
of Schedule A, complete the necessary
your spouse,
For gifts made to spouses who are not
portions of Schedule C.
You did not give more than $13,000 to
U.S. citizens, the annual exclusion has
8. Complete Schedule A, Part 4.
any one donee, and
increased to $133,000. See Nonresident
9. Complete Part 2 on page 1.
All the gifts you made were of present
Aliens on page 3.
10. Sign and date the return.
Photographs of Missing
Gifts to charities. If the only gifts you
Remember, if you are splitting
made during the year are deductible as
gifts, your spouse must sign line
gifts to charities, you do not need to file a
18, in Part 1, page 1.
return as long as you transferred your
The IRS is a proud partner with the
entire interest in the property to qualifying
National Center for Missing and Exploited
Who Must File
charities. If you transferred only a partial
Children. Photographs of missing children
interest, or transferred part of your
selected by the Center may appear in
In general. If you are a citizen or resident
interest to someone other than a charity,
instructions on pages that would
of the United States, you must file a gift
you must still file a return and report all of
otherwise be blank. You can help bring
tax return (whether or not any tax is
your gifts to charities.
these children home by looking at the
ultimately due) in the following situations.
photographs and calling
If you gave gifts to someone in 2009
If you are required to file a return to
1-800-THE-LOST (1-800-843-5678) if you
totalling more than $13,000 (other than to
report noncharitable gifts and you made
recognize a child.
your spouse), you probably must file
gifts to charities, you must include all of
Form 709. But see page 2 for information
your gifts to charities on the return.
General Instructions
on specific gifts that are not taxable and
Transfers Subject to the
for gifts to your spouse.
Gift Tax
Certain gifts, called future interests, are
Purpose of Form
not subject to the $13,000 annual
Generally, the federal gift tax applies to
Use Form 709 to report the following:
exclusion and you must file Form 709
any transfer by gift of real or personal
Cat. No. 16784X


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