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Form 709 online DE: What You Should Know
You can use form 709 to transfer property or services on behalf of a family or a partnership, and to help you determine whether you have entered into a transfer with a U.S. resident and to determine the amount of any exemption that may apply under certain circumstances. Use the following information to correctly report and complete your gift tax return. • You must obtain Form 709 for: A transfer to a U.S. resident or for a U.S. resident to transfer property or services on behalf of you. If you have a substantial U.S. business and receive a significant gift, you'll need to use Form 709-PF, Statement of Ownership of a Substantial United States Business. You also must use Form 709-PF, when the recipient is living abroad, if the recipient's U.S. residence is in the following countries: Switzerland Austria Countries with no tax imposed on the transfer if the recipient's residence is in these countries: Denmark Iceland Ireland A transaction may be considered a “significant gift” if the recipient of the transfer is a U.S. citizen. A U.S. resident can transfer property or services to a person living abroad on behalf of an entity of which he or she has a personal interest with respect to that entity under a series of interlocking stock and/or equity interests. In addition, a U.S. resident can transfer property or services to a person living abroad on behalf of a person or entity if the transfer is intended to be used for: • A business purpose or investment purpose; • The investment of a personal trust fund; • The settlement of a personal debt (including mortgage, tenant-in-common, or lien); • An estate tax, gift, or generation-skipping transfer situation. For a discussion on the use of gifts and estate tax, please consult our article on Estate Tax. The IRS has a form for completing the 709 process. If the're unable to make an appointment with the IRS agent due to the number of cases, you must complete all of your transactions on paper before filing the form. The form you receive will have a line that specifies whether the transactions must be completed on paper. If the transaction will be completed on paper, you'll find the appropriate line for completing the transactions.
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