IRS Form 709 (Gift Tax Return) - How to Split Gifts for Married Couple

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The IRS Form 709 is filed by U.S. individuals to report taxable gifts made during the tax year.

In this example, we look at a married couple that makes a gift-splitting election on Form 709. Married couples can split gifts if they meet certain requirements.

1. The couple must be married when the gift is made.
2. The couple is married at the end of the year. If the couple was divorced/widowed during the year, they cannot have remarried.
3. The couple are U.S. citizens or residents.
4. The non-donor spouse does not have a general power of appointment in property transferred.

The Form 709 is generally by both spouses. However, only the donor spouse must file the return if the couple meets one of the two exceptions as outlined in the Form 709 instructions.

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