Instructions For Form 709 - United States Gift (And Generation-Skipping Transfer) Tax Return - 2006

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2006
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 2006.
selected by the Center may appear in
Section references are to the Internal
Who Must File
instructions on pages that would
Revenue Code unless otherwise noted.
In general. If you are a citizen or resident
otherwise be blank. You can help bring
For Disclosure, Privacy Act, and
of the United States, you must file a gift
these children home by looking at the
Paperwork Reduction Act Notice, see
tax return (whether or not any tax is
photographs and calling
page 12.
ultimately due) in the following situations.
1-800-THE-LOST (1-800-843-5678) if you
If you gave gifts to someone in 2006
recognize a child.
Use
totalling more than $12,000, (other than to
For Gifts
Revision of
your spouse) you probably must file Form
General Instructions
Made
Form 709
709. But see page 2 for information on
After
and
Before
Dated
specific gifts that are not taxable and for
– – – – –
January 1,
November
gifts to your spouse.
Purpose of Form
1982
1981
Certain gifts, called future interests, are
Use Form 709 to report the following:
not subject to the $12,000 annual
December
January 1,
January
Transfers subject to the federal gift and
exclusion and you must file Form 709
31, 1981
1987
1987
certain generation-skipping transfer
even if the gift was under $12,000. See
(GST) taxes and to figure the tax, if any,
December
January 1,
December
Annual Exclusion on page 2.
31, 1986
1989
1988
due on those transfers and
A husband and wife may not file a joint
Allocation of the lifetime GST
gift tax return. Each individual is
December
January 1,
December
exemption to property transferred during
responsible for his or her own Form 709.
31, 1988
1990
1989
the transferor’s lifetime. (For more details,
You must file a gift tax return to split
December
October 9,
October
see the instructions for Part 2 — GST
gifts with your spouse (regardless of their
31, 1989
1990
1990
Exemption Reconciliation on page 10,
amount) as described in Part 1 — General
and Regulations section 26.2632-1.)
Information on page 4. Form 709-A,
October 8,
January 1,
November
United States Short Form Gift Tax Return,
1990
1992
1991
All gift and GST taxes must be
is obsolete.
!
December
January 1,
December
computed and filed on a calendar
If a gift is of community property, it is
31, 1992
1998
1996
year basis. List all reportable gifts
CAUTION
considered made one-half by each
made during the calendar year on one
December
– – – – –
*
spouse. For example, a gift of $100,000
Form 709. This means, you must file a
31, 1997
of community property is considered a gift
separate return for each calendar year a
of $50,000 made by each spouse, and
reportable gift is given (for example, a gift
* Use the corresponding annual form.
each spouse must file a gift tax return.
given in 2006 must be reported on a 2006
Likewise, each spouse must file a gift
What’s New
Form 709). Do not file more than one
tax return if they have made a gift of
Form 709 for any one calendar year.
property held by them as joint tenants or
For calendar year 2006, the annual
tenants by the entirety.
exclusion for gifts of present interests is
How To Complete Form 709
Only individuals are required to file gift
$12,000 per donee. For more details, see
tax returns. If a trust, estate, partnership,
Annual Exclusion, on page 2.
1. Determine whether you are
or corporation makes a gift, the individual
required to file Form 709.
For gifts made to spouses who are not
beneficiaries, partners, or stockholders
U.S. citizens, the annual exclusion has
2. Determine what gifts you must
are considered donors and may be liable
increased to $120,000. See Nonresident
report.
for the gift and GST taxes.
Aliens on page 3.
3. Decide whether you and your
The donor is responsible for paying the
You must file Form 709 at the
spouse, if any, will elect to split gifts for
gift tax. However, if the donor does not
Cincinnati Service Center, regardless of
the year.
pay the tax, the person receiving the gift
whether you are located in the 50 states,
4. Complete lines 1 through 18 of
may have to pay the tax.
the District of Columbia, a foreign country,
Part 1, page 1.
If a donor dies before filing a return, the
American Samoa, Guam, the Virgin
5. List each gift on Part 1, 2, or 3 of
donor’s executor must file the return.
Islands, Puerto Rico, or have an APO or
Schedule A, as appropriate.
FPO address. See Where To File on
Who does not need to file. If you meet
6. Complete Schedule B, if applicable.
page 4 for the address.
all of the following requirements, you are
7. If the gift was listed on Part 2 or 3
The generation-skipping transfer (GST)
not required to file Form 709:
of Schedule A, complete the necessary
lifetime exemption has increased to
You made no gifts during the year to
portions of Schedule C.
$2,000,000. See Part 2 — GST Exemption
your spouse,
8. Complete Schedule A, Part 4.
Reconciliation on page 10.
You did not give more than $12,000 to
9. Complete Part 2 on page 1.
any one donee, and
Photographs of Missing
10. Sign and date the return.
All the gifts you made were of present
Children
interests.
Remember, if you are splitting
The IRS is a proud partner with the
Gifts to charities. If the only gifts you
TIP
gifts, your spouse must sign line
National Center for Missing and Exploited
made during the year are deductible as
18, in Part 1, page 1.
Children. Photographs of missing children
gifts to charities, you do not need to file a
Cat. No. 16784X

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