If you are given money from your Mom as a gift is there a form to fill out to avoid paying taxes on it to the Federal government?

Answer 1

Filling out a form will not prevent you from paying taxes. The US has a gift tax that is paid by the giver. However, there is also a gift tax annual exclusion and a gift tax lifetime exemption. In 2009, the gift annual tax exclusion is $13,000. If the total gift for 2008 exceeds that amount, your mom will need to file IRS form 709 to report the gift.

Even if the gift was over $13,000, this does not mean that she will have to pay a tax. Everyone has a $1 million lifetime gift tax exemption. So once the $13,000 exclusion is exceeded, the giver starts eating into the million dollar exemption, which also reduces the amount that can be passes estate tax free at death. No gift tax is paid until the million dollar lifetime exclusion is used up.

If the gift is something other then cash, but you estimate that you that the value was less then $13,000, you may still want to file form 709 because filing the form starts a statute of limitations for which the IRS can contest the value of the gift. For example, if your mom gives you a gift you reasonable believe is a piece of art worth $10,000 (and may have appraisal done) but it turns out the value is $100,000 at the time of the gift, unless you filed form 709, the IRS can at any time attack the value of the gift. If form 709 is filed, the IRS may only attach the value until the statute of limitations expires.

Of course, talk to your tax advisor regarding your personal circumstances.