Instructions For Form 709 - United States Gift (And Generation-Skipping Transfer) Tax Return - 2000 Page 10

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than one such joint and survivor annuity,
Column C. If you elected gift splitting,
executor can apply the exemption on
you are not required to make the election
enter half the value of each gift entered in
Form 706 to transfers taking effect at
for all of them. Once made, the election
column B. If you did not elect gift splitting,
death. An allocation is irrevocable.
is irrevocable.
enter zero in column C.
In the case of inter vivos direct skips,
Column E. You are allowed to claim the
a portion of the donor's unused exemption
gift tax annual exclusion currently
is automatically allocated to the
Schedule B—Gifts From
allowable with respect to your reported
transferred property unless the donor
direct skips (other than certain direct skips
Prior Periods
elects otherwise. To elect out of the
to trusts—see Note below), using the
automatic application of exemption, you
If you did not file gift tax returns for
rules and limits discussed earlier for the
must file Form 709 and attach a statement
previous periods, check the “No” box on
gift tax annual exclusion. However, you
to it clearly describing the transaction and
line 11a of Part 1, page 1, and skip to the
must allocate the exclusion on a
the extent to which the automatic
Tax Computation on page 1. (However,
gift-by-gift basis for GST computation
allocation is not to apply. Reporting a
be sure to complete Schedule C, if
purposes. You must allocate the
direct skip on a timely filed Form 709 and
applicable.) If you filed gift tax returns for
exclusion to each gift to the maximum
paying the GST tax on the transfer will
previous periods, check the “Yes” box on
allowable amount and in chronological
qualify as such a statement.
line 11a and complete Schedule B by
order, beginning with the earliest gift that
Special QTIP election. If you have
listing the years or quarters in
qualifies for the exclusion. Be sure that
elected QTIP treatment for any gifts in
chronological order as described below.
you do not claim a total exclusion of more
trust listed on Schedule A, Part 1, then
If you need more space, attach a separate
than $10,000 per donee.
you may make an election on Schedule
sheet using the same format as Schedule
Note: You may not claim any annual
C to treat the entire trust as non-QTIP for
B.
exclusion for a direct skip made to a trust
purposes of the GST tax. The election
If you filed returns for gifts made before
unless the trust meets the requirements
must be made for the entire trust that
1971 or after 1981, show the calendar
discussed under Direct Skip on page 6.
contains the particular gift involved on this
years in column A. If you filed returns for
return. Be sure to identify by item number
Part 2—GST Exemption
gifts made after 1970 and before 1982,
the specific gift for which you are making
show the calendar quarters.
Reconciliation
this special QTIP election.
In column B, identify the Internal
Line 5. You may wish to allocate your
Line 1. Every donor is allowed a lifetime
Revenue Service office where you filed
exemption to transfers made in trust that
GST exemption. The amount of the
the returns. If you have changed your
are not direct skips. For example, if you
exemption is indexed for inflation and is
name, be sure to list any other names
published annually by the IRS in a
transferred property to a trust that has
under which the returns were filed. If there
revenue procedure. For transfers made
your children as its present beneficiaries
was any other variation in the names
through 1998, the GST exemption is $1
and your grandchildren and great-
under which you filed, such as the use of
million. For transfers made in 2000, the
grandchildren as future beneficiaries, the
full given names instead of initials, please
exemption is $1,030,000. For transfers
transfer was not a direct skip because the
explain.
made in 1999, the exemption is
present interests in the trust are held by
nonskip persons. However, future
In column E, show the correct amount
$1,010,000.
terminations and distributions made
(the amount finally determined) of the
The $20,000 increase in 2000 from
from this trust would be subject to the
taxable gifts for each earlier period.
1999 can only be allocated to transfers
GST tax.
See Regulations section 25.2504–2 for
made during or after calendar year 2000.
rules regarding the final determination of
The $10,000 increase in 1999 can only
You may elect to reduce the trust's
the value of a gift.
be allocated to transfers made during or
inclusion ratio by allocating part or all of
after calendar year 1999.
your exemption to the transfer. Because
this transfer would be entered on
Example. A donor had made $1.5 million
Schedule C—Computation of
Schedule A, Part 1, it will not be shown
in GST transfers through 1998 and had
on Schedule C.
allocated all $1 million of the exemption
Generation-Skipping
to those transfers. In 2000, the donor
In other cases you may wish to allocate
Transfer Tax
makes a $5,000 taxable generation-
your exemption to a trust that is not
skipping transfer. The donor can allocate
involved in a transfer listed on Schedule
Part 1—Generation-Skipping
$5,000 of exemption to the 2000 transfer
A or C. For example, if your only gift for
Transfers
but cannot allocate $5,000 of the unused
the year was $10,000 transferred to a
exemption to pre-1999 transfers or
trust that had your children as present
You must enter in Part 1 all of the gifts
$20,000 of the unused exemption to
beneficiaries and your grandchildren as
you listed in Part 2 of Schedule A in that
pre-2000 transfers.
future beneficiaries, you would not be
order and using those same values.
required to file Form 709 for the year.
You should keep a record of your
Column B. Transfers subject to an
However, future distributions from the
transfers and exemption allocations to
ETIP. If you are reporting a
trust or the termination of the trust may
make sure that any future increases are
generation-skipping transfer that occurred
result in GST tax being due. In this case,
allocated correctly.
because of the close of an “estate tax
you may want to allocate GST exemption
inclusion period” (ETIP), complete column
Enter on line 1 of Part 2 the maximum
to the transfer at the time of the transfer.
B for such transfer as follows:
GST exemption you are allowed. This will
To allocate your exemption to such
not necessarily be the highest indexed
1. Provided the GST exemption is
transfers, attach a statement to this Form
amount if you have made no GST transfer
being allocated on a timely filed gift tax
709 and entitle it “Notice of Allocation.”
during the year of the increase. For
return, enter the value as of the close of
You may file one Notice of Allocation and
example, if your last GST transfer was in
the ETIP.
consolidate on it all of your Schedule A,
1998, your maximum GST exemption
2. If the exemption is being allocated
Part 1, transfers, plus all transfers not
would be $1,000,000, not $1,030,000.
after the due date (including extensions)
appearing on Form 709, to which you
The donor can apply this exemption to
for the gift tax return on which the transfer
wish to allocate your exemption. The
inter vivos transfers (i.e., transfers made
should be reported, enter the value as of
notice must contain the following for each
during the donor's life) on Form 709. The
the time the exemption allocation was
trust:
made.
Page 10

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