Who fills this out
The donor files. Each spouse files a separate 709 even when splitting gifts; the spouse who consents to splitting must also sign the donor's return on Schedule A, Part 4.
When to file
Due April 15 of the year after the gift. Extensions follow the donor's income tax extension (Form 4868 or 8892).
What you will need
- Description and date-of-gift value of each reportable gift.
- Recipient name, address, and SSN.
- Trust agreement if the gift went to a trust.
- Prior Form 709s (so the running lifetime exemption ties out).
- If splitting gifts, the spouse's signed consent on Schedule A.
Common mistakes
- Skipping a gift to a 529 plan superfunded over the annual exclusion. A 5-year election still requires a 709 filing even though no tax is due.
- Not filing for gifts to a trust. A gift to a trust is taxable unless the trust grants a Crummey right; either way, file the return to start the statute of limitations.
- Splitting gifts when one spouse is not a citizen. Spousal gift splitting requires both spouses to be U.S. citizens or residents.
- Forgetting GST automatic allocation. The default allocation may not match the donor's intent; affirmative allocations or elections out must be on the return.
Questions families ask
Do I owe gift tax?
Almost never. Most donors use their lifetime exemption rather than pay tax. The 709 simply tracks how much of that lifetime exemption is consumed.
Do I file a 709 for paying my grandchild's tuition?
No. Direct payments to a school or hospital are not gifts under IRC § 2503(e), even if they exceed the annual exclusion.