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The Art of Giving (Without Triggering Form 709)

Key Points on the Annual Gift Tax Exclusion

  • The annual gift exclusion is $19,000 per recipient in 2025, or $38,000 per couple when gift-splitting (IRC §2503(b)).
  • You can gift to an unlimited number of people, but if a gift to any one person exceeds the exclusion, Form 709 must be filed.
  • Gift tax is not triggered unless lifetime gifts exceed the estate and gift tax exemption of $13.99 million (IRC §2010(c)).
  • Gifts are not taxable income to recipients and do not need to be reported (IRC §102).
  • To qualify, the gift must be of present interest—usable by the recipient right away.
  • If the recipient spouse is not a U.S. citizen, the annual exclusion for gifts is capped at $185,000.
  • The annual exclusion is a simple and effective way to transfer wealth without triggering IRS scrutiny.