Who Must File and Pay the Federal Gift Tax?

Individuals who make a gift to another individual or entity that exceeds a certain amount must file a gift tax return and pay the federal gift tax. The gift giver can choose to pay the federal gift tax at the time of filing the return or opt to apply the excess against the lifetime unified gift tax and estate tax exemption.

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Calculation of the Federal Gift Tax

Gift tax is the tax applied when one individual gives property to another and receives nothing, or less than the value of the property, in return—whether or not it is intended as a gift. Giving someone a substantial monetary or asset gift typically means that they (and you) will have to know what kind of taxes are going to be applied to the gift. This can be complicated because there are different rules for different types of gifts.

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State Gift Taxes

For the most part, the gift taxes that are set by the federal government are the only gift taxes that apply to monetary gifts and estate gifts that are given. These gift and estate tax rates are invariable between each of the states and the same rate applies to each state in the country.

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