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Form 709 ND: What You Should Know

If you live in the United States, or give gifts to those you tax, the IRS will send you Form 709, the U.S. Gift (and Generation-Skipping Transfer  If you live abroad and make gifts to U.S. citizens, your foreign tax responsibilities fall to your tax broker to manage.  The key is to tell the tax broker that you'll be spending money on gifts, so that the broker can  take the appropriate steps as required. Don't worry—form 709 isn't a one-and-done report. You can use it on future years as long as you file timely (generally 30 days after the end of the tax year in which you make your gift). You can also file as late as 30 days before the due date of your next taxable year, but if you do, you'll owe tax for the entire calendar year. Your taxable year for Form 709 starts on the date you start making the gifts, not the date the gifts would have been made if not for the gift tax reporting. The key is to keep the form up to date. When your taxable year ends, you'll send the Form 709 in a single envelope. Use Form 709 to report gifts you give now, and to report gifts you want to pay the gift tax on. You can report them on an as-needed basis, or you can choose to write an advance notice for later filing. If you file by mail, include your completed Form 709 with your return or with any extensions. If you file electronically with the IRS, use a program that will take advantage of the U.S. tax code. Here is an outline of how I do this for several other types of gifts: Taxable gifts: Form 709 is the fastest way to file U.S. gift tax for expats filing Forms 1040NR or 1040NR-EZ. Form 709 can be completed right from the Form 1040NR or 1040NR-EZ that you're filing. If you receive your tax forms by mail, or the forms take more than 30 days to process, you can mail them with your return (or with your supplemental return). You can also file Form 709 online. Other gifts: You can use Form 709 on gifts you give now, and on gifts made later. Here's how: Form 709, Expired Gifts to U.S.

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