QUESTION

If someone gift me 1 million dollars what would the gift tax be and who would pay it?

Asked on Jun 04th, 2013 on Taxation - Colorado
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6 ANSWERS

Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Donor pays gift tax so person who gave you gift, but there is a lifetime exclusion of over $5 Million right now so unless they have exceeded that no actual tax paid, just gift tax return must be filed.
Answered on Jun 06th, 2013 at 12:19 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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There might not be any gift tax. It depends on how many other taxable gifts the donor (giver) has made. If any gift tax is due, it would be the responsibility of the donor, not the recipient. However, if the donor does not pay, in some circumstances, IRS can go after the recipient. Sometimes, a donor and recipient will agree that recipient will pay the tax. If, so example, the tax is 40% (highest rate), then it would be treated as a net gift. So the tax would be $285,714, and you would get to keep $714,286 (plus any income earned on the $285,714 between receipt of the gift and April 15 of next year, when the tax is due). Note that even if no tax is due, a gift tax return must be filed. Also note that the first $14,000 given to you during any year is excluded, which presumably would save you up to $5,600 off the amount shown above.
Answered on Jun 06th, 2013 at 12:19 AM

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You would not owe any gift tax. Any gift to you is tax free to you. The person making the gift will have to file a gift tax return and pay any taxes due.
Answered on Jun 06th, 2013 at 12:18 AM

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Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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When a person makes a gift to another person, the GIVER is responsible for reporting and paying the gift tax - the form is Form 709 and it is due on April 15 of the year following the year the gift was made. After the Taxpayer Relief Act of 2012 there is a permanent exclusion amount of $5 Million that each person has. This is "indexed" for inflation so this year the actual amount of the exclusion is $5, 250,000. Unless the person who makes this gift has already (in his or her life) made gifts of more than this amount, there would be no gift tax payable. There would be a gift tax return due even if no tax was owing.
Answered on Jun 06th, 2013 at 12:18 AM

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David John Tybor
One of the biggest misunderstandings of the gift tax is that the tax is the responsibility of the one who gives the gift, not the one that receives it. The amount would be determined by when the person gives/gave the gift, and how many previous gift Dollars, the person has given.
Answered on Jun 06th, 2013 at 12:18 AM

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Estate Planning Attorney serving Castle Rock, CO
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That would be a nice gift. The answer depends on the state where the donor lives. If in a state like Colorado that doesn't have a gift tax, it next depends on how much of the donor's life time gift exemption is left. The donor pays the tax if any. The donor is required to file a gift tax return on Form 709 with the IRS even if the donor has sufficient exemption to not owe any gift tax. Have the donor consult with a tax attorney specializing in gift tax planning for further information.
Answered on Jun 06th, 2013 at 12:17 AM

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