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709 example Form: What You Should Know

Exemption to Gift and Generation-Skipping Transfers: This rule allows you to exclude up to 14,000 per person per year from taxable gifts. This gift exclusion is phased out as you pass the 14,000 exemption limits. However, this is where the problems arise. When determining whether a gift is eligible, one must consider all sources of the exclusion. Therefore, the phaseout rule of 14,000 per person per year applies to any amount includible in a single gift if that portion of the excluded amount exceeds 14,000 per person per year. If you include only eligible gifts in your taxable income, then you have a full 14,000 gift exclusion. If you also include other amounts of excluded income, then the phaseout amount will be reduced. Generally, the greatest of the limits listed below is used in determining whether the gift can be taxed. Amount in excess of the applicable thresholds is taxable, but does not become taxable income until it is distributed. This is because the exclusion is cumulative. This means any amount includible in a single tax return will always be excluded. Exemption for Gifts Made from a Post Secondary Scholarship. If you are a resident alien, and you meet the requirements of section 522(b)(9) of section 6011 of the Internal Revenue Code, then the scholarship you donated is treated as being made from a post secondary educational institution and included in your gross income for purposes of gift and generation-skipping transfer taxes. See the IRS Publication 970, Tax Guide for the Unmarried Individuals Generally, for more information on this exclusion. If you gave gifts after the gift exemption phaseout starts, then any remaining gifts that exceed 14,000 per person per year (even if made from a post-secondary education entity) are eligible gifts. If a gift includes more than 14,000 in taxable income, it automatically falls outside the taxable phaseout. Gift tax laws apply to those gifts. Gift Tax Exemption. If you receive an exemption for all eligible gifts from a qualified educational institution, then you will not have to file a gift tax return and may use the exemption to cover qualifying gifts for other purposes. See IRS Publication 970, Tax Guide for the Unmarried Individuals Generally for more information on the gift tax exemption. If you are a resident alien, you may receive an exemption from gift and generation-skipping transfer tax if you satisfy the additional requirements of that section.

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