It depends upon your status. Persons who are "married" for federal tax purposes can generally transfer property to each other without federal gift tax consequences. After the recent Supreme Court ruling in the Windsor case, same-sex couples are treated as married for tax purposes if they are married under the law of a state that recognizes same-sex marriage. The IRS has recently clarified that this means that a couple that is legally married in a state that allows same-sex marriage, but who reside in a state which does not, are still treated as married for federal tax purposes. If you are not treated as married for tax purposes, the transfer may still be tax free. However, the transfer will count against your "lifetime exemption" and you should file a gift tax return. Although estate planning is important for everyone, same-sex couples especially need advice from an estate planning attorney who deals with these types of issues regularly.
Answered on Sep 25th, 2013 at 3:19 AM