Form detail
IRS Form 709
United States Gift (and Generation-Skipping Transfer) Tax Return
Country
United States
Revision year
2024
Methods
paper
Updated
2026-05-20
United States Gift (and Generation-Skipping Transfer) Tax Return
Annual gift tax return used to report gifts that exceed the annual exclusion, allocate generation-skipping transfer exemption, and split gifts between spouses.
Who must file: U.S. citizens or residents who gave gifts to any one recipient exceeding the annual exclusion amount for the year, gave future-interest gifts of any amount, or elected gift splitting with a spouse.
Practical overview
Form 709 is required even when no gift tax is due because gifts above the annual exclusion reduce the donor's lifetime unified credit and must be tracked across decades. Gift splitting between spouses requires both spouses to consent and may require both to file. 529 plan five-year-election (front-loading) is reported on Form 709 and locks in the spread.
Practical steps
- Identify all reportable gifts: direct, indirect, present-interest, and future-interest.
- Apply annual exclusion per donee; medical and educational exclusions under IRC § 2503(e) are unlimited if paid directly to provider.
- If gift splitting, both spouses sign and (if either gave gifts) both file.
- Allocate GST exemption to relevant transfers and decide on automatic vs. affirmative allocation.
- File by the gift tax return due date (typically April 15).
Due-date notes
April 15 of the year following the calendar year of the gift; if the donor died in the year of the gift, see Form 706 due date.
Timing: April 15
Extension reference: Form 8892 or Form 4868
Penalty snapshot
Failure-to-file and failure-to-pay penalties under IRC § 6651; accuracy-related penalties for substantial valuation misstatements under IRC § 6662.
Related citations
Computed from the cross-reference graph. Links open the related entity on this site.
Cited by
- FormIRS 706
Primary sources
- About Form 709Verified 2026-05-20
- Instructions for Form 709Verified 2026-05-20
Important disclaimer
This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.