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US federal Gift tax rules.?

From what I can tell, they want to tax you, for 2014, for any Gift over $14,000.

But you have a "life time exemption" of $5,340,000. Which seems to mean basically, the first $5.34m you receive as gifts, the tax for it, is covered by a "lifetime exemption" tax credit, so you don't have to actually pay it.

This comes up for me; my brother passed away with no will so our mother inherits his estate. She wants to split it with me, so it would be a gift from her to me of about $125k. So other than the time to fill out the gift tax form, it would have not cost to her?

8 Answers

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  • 6 years ago
    Favorite Answer

    It does not mean "the first $5.34m you receive as gifts". The amount varies from year to year, and the limit is on how much a person can give, not on how much they can receive. It means the first (however many dollars it is) that a person gives as gifts. For example, if you receive $1 each for 200 million different individuals, none of whom gave anything to anyone else, then there is no tax, even though you got $200 million, but if you give $100,000 each to 200 different individuals, then there is tax, then even though each person received only $100,000, you still pay tax, because you gave $20,000,000.

    To further confuse the issue, the limit varies from year to year and the limit for any person is based on the year that the person dies, not the year of the gift, so you can't know when you give it whether it's going to be over the limit or not.

  • 6 years ago

    It is not a gift tax (return) but a gift (tax return). It is mostly an informational return. You are not automatically taxed because you gave someone more than 14k but it needs to be reported.

  • Anonymous
    6 years ago

    You will not necessarily be "taxed" for a gift over $14K. That's the threshold that requires a gift tax return to be filed. See IRS Form 709 and the associated instructions.

  • 6 years ago

    Unless she gets her own $5 Mil to give away tax stays at zero.

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  • 6 years ago

    The first 5 million you GIVE. Gifts are not taxable to the recipient, they are taxable to the GIVER.

    No cost to her for that amount.

  • Anonymous
    6 years ago

    Yes.

  • Bob
    Lv 7
    6 years ago

    NO.. the $14,000 is an annual limitation if you get more there is a tax.....

  • Judy
    Lv 7
    6 years ago

    right.

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