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In many cases, you will need to report the asset transfer to the IRS. The estate tax savings that drive the purpose of such trusts requires that the transfer to the trust be considered a completed gift for gift and estate tax purposes, so it is no longer a part of your estate when you pass away.
First, complete the General Information section on part one of the form. Line 12 would also allow you to check off on whether you and your spouse made joint gifts for the tax year. If not, you may skip lines 13 through 18. Note that your spouse must also sign Form 709 in the appropriate spot if you made joint gifts.
In addition, it is good practice when any transfer is made into a trust, to attach the trust doc- ument to the gift tax return regardless of whether that trust document was attached to a prior year gift tax return.
Taxpayers use IRS Form 709 to report gifts. Filing the form with the IRS is the responsibility of the giver, but it's only required in certain gift giving situations. Take for instance the check Grandma writes for your birthday each year.
Key Takeaways. Funds received from a trust are subject to different taxation than funds from ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets.