
What is a Gift Tax? A Gift Tax is any real estate property or other valued “property” items such as jewelry or stocks. When these properties are given to someone other than a spouse, they are considered a gift when the “giver” is not expecting full money value or no money return. The gift can be given to any such person, family, friend or business partner as long as it is not the spouse.
However, the “giver” is responsible for the IRS payment towards the gift that he or she gave to another other than a spouse. This can get confusing and makes the Gift Tax one of the most misunderstood taxes in the IRS Tax Law…
To file the Gift Tax, use IRS Form 709-United States Gift (and Generation Skipping-Transfer) Tax Return. The gift return or any gift tax is due the following year that the gift was given. For example, if a person decided to give the “gift” of a house to his/her son as a wedding present in 2010, then the tax amount owed from the gifted house is due by no later than April 15th in 2011. If you gave a gift of real estate, jewelry, stocks, bonds, put a person on their checking or savings bank investment account that had a fair amount of money, or any other type of property in the year of 2010, then you are responsible for filing and reporting that gift and paying taxes on them by this April.
The recipient of the gift will not incur responsibility of paying taxes on the gift received immediately because it is not included in the recipient’s taxable income (yet). However if the gift is sold, then that recipient will be responsible for paying the capital gains tax incurred for selling the gift. In the end, a gift may end up costing you some significant amount in taxes and some gifts may not “keep on giving” but actually, take!


