QUESTION

As a giver of a $100,000 gift, what taxes would need to be paid?

Asked on Nov 14th, 2012 on Taxation - California
More details to this question:
Can this be given anonymously? Does the $100,000 just go toward the lifetime max off five million and no tax owed until after the five million? As the receiver of the $100,000 gift, what tax implications are there? I know about the $13,000 gift able to be given to a person, but what if a person receives more than that? Are the receiver and the giver of such a large amount likely to be audited?
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6 ANSWERS

Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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If one gift to the same person in one year exceeds $13,000 then a gift tax return must be filed. This is Form 709 and it's due on April 15 in the year following the year in which the gift was made. So, when you give a person $100,000, $13,000 would be subtracted from this and a tentative tax would be figured on the remaining $87,000. The tax on this amount would be offset by a similar amount from the lifetime exclusion amount thus reducing the donor's applicable exclusion amount by the amount of the tax on the $87,000. The available applicable exclusion amount will be reduced after December 31, 2012 unless Congress acts to change this (applicable exclusion reduced to $1 Million).
Answered on Nov 20th, 2012 at 3:17 AM

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The person who receives the gift does not have to pay any income taxes. Gifts are not taxable to the recipient of the gift. The person making the gift may have to pay Federal gift taxes unless the gift falls under either the annual exemption amount or the lifetime exemption amount. The annual exemption amount for 2012 is $13,000. Since the gift is $100,000, it would not be exempt under the annual exemption amount. The $100,000 gift could be applied against the giver's $5,000,000 lifetime exemption amount, assuming it has not been used up. While the gift can be given anonymously, that might increase the likelihood that either party may be audited. The give must documents the gift to ensure that the giver is in fact exempt from gift tax. That is the best way to deal with a potential audit situation.
Answered on Nov 16th, 2012 at 12:53 AM

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You would have to file a gift tax return, but no tax would be owed. The $87,000 amount exceeding the annual exclusion would go against the lifetime exemption. There is no significant increase in the likelihood of audit.
Answered on Nov 16th, 2012 at 12:52 AM

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Gifts over the $13,000 annual exclusion require a gift tax return, but no tax must be paid unless the total gifts exceed the $5.12 million gift and estate tax exemption. Gift recepients do not have to pay income tax on the gift.
Answered on Nov 16th, 2012 at 12:51 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have asked too many questions, and provided to few facts. Generally in the circumstances described you would have to file a gift tax return, and there would be no taxes which would be due presently, but it would indeed, under current law, reduce the unified deduction available at death. As you certainly should be well aware, taxation and this particular area is being debated with the current administration in Washington attempting to change it significantly. Whether or not the gift can, or should, be given anonymously is certainly a question. You should really see an attorney before making any you irrevocable commitments.
Answered on Nov 16th, 2012 at 12:51 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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How does one give $100,000 anonymously? I suppose one can give to a charity confidentially, so that it is not publicly known, or one can give the money to one's lawyer to be given. Either way, the giver (donor) must file a gift tax return. You are right that taxable gifts such as this simply get aggregated until the lifetime exemption amount is exceeded, with no actual gift tax due. Gifts received are not taxable income. If the gift is cash, it has no income tax significance.
Answered on Nov 16th, 2012 at 12:49 AM

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