What Is Gift Splitting? A Comprehensive Guide

Category: Economics

Gift splitting is an innovative estate planning technique that provides married couples with an effective means to double their annual gift tax exclusion amount. This strategy is an essential tool for couples looking to offer financial support to family or friends while avoiding potential gift tax liabilities imposed by the Internal Revenue Service (IRS).

Understanding the Gift Tax Exclusion

The IRS allows individuals to transfer gifts without being subject to gift tax up to a certain threshold. For 2023, the annual gift exclusion for couples is set at $36,000, allowing each spouse to gift up to $18,000 to any recipient without the risk of incurring a gift tax. In simpler terms, gift splitting enables a married couple to combine their gifting capacities, thereby maximizing their potential to give away valuables without tax implications.

Key Takeaways

How Gift Splitting Works

When married couples opt to gift split, they essentially treat their individual gift allowances as a collective sum. The IRS permits the combinational approach where each spouse contributes half of the total gift, which can be advantageous for large financial gifts.

To illustrate, here's how gift splitting operates in practice: - If a couple wants to give $36,000 to their grandchild, each parent can provide $18,000 (which collectively amounts to the allowed limit of $36,000). If either spouse gives a gift exceeding this amount, they must file Form 709, the United States Gift (and Generation-Skipping Transfer) Tax Return, to report their gifts.

Special Conditions for Gift Splitting

For gift splitting to be recognized by the IRS, both spouses must mutually consent to the gift. Additionally, it is essential to note that if a couple gets divorced before the tax filing deadline for the year the gift was made, they will lose the ability to split the gift amount unless they are remarried.

Another condition is that neither spouse can receive benefits from the gift. The gift must be made to a third party, thereby reinforcing its purpose of benefiting someone else rather than enhancing the financial circumstances of the gift givers.

Non-Taxable Gifts

Certain gifts, such as funds given directly toward educational tuition costs or medical expenses, do not fall under the taxable category as gifts. In these scenarios, payments must be made directly to the institution providing the service—instead of giving the money to the intended recipient.

Example Scenario of Gift Splitting

Let’s consider an example involving a married couple, Mallory and River McKay. They are thrilled about their daughter expecting a second child and want to support her family financially. They decide to use gift splitting to help fund a $30,000 addition to their daughter’s home.

Now imagine the scenario has changed and their daughter is pregnant with twins, printing the necessary addition costs to $34,000. Mallory could give $17,000, and River could match with another $17,000, which would still comply with the tax rules as gift splitting allows for such splitting.

Current Year Limits and Gift Tax Avoidance

The annually permitted exclusion amount for gifts in 2024 is $18,000 per individual, totaling $36,000 for married couples. Gifts above this amount are still free from taxation if they fall beneath the lifetime exemption of $13.61 million for individuals (also for 2024).

Some strategies to avoid gift tax include: 1. Spread out gifts over multiple years to stay within annual limits. 2. Direct payments toward medical or educational expenses to the institution. 3. Married couples utilizing gift splitting to maximize permissible limits.

Conclusion

In conclusion, understanding and effectively utilizing gift splitting can provide significant financial flexibility for married couples looking to give. With a strategic approach, couples can potentially assist family members and loved ones without incurring unwelcome tax complexities. Always consider consulting with a tax professional before making substantial gifts or filing tax returns to ensure compliance with current tax laws.