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You must file a gift tax return to split gifts with your spouse (regardless of their amount) as described in Part 1General Information, later. If a gift is of community property, it is considered made one-half by each spouse.
Interspousal transfers of cash and separate property are usually not taxable. 26 U.S. Code §1041 provides that a transfer between spouses, or former spouses when incident to divorce, is not taxable in most circumstances. The transfer is treated as a gift.
The annual federal gift tax exclusion allows you to give away up to $15,000 each in 2021 to as many people as you wish without those gifts counting against your $11.7 million lifetime exemption. (After 2021, the $15,000 exclusion may be increased for inflation.)
The annual gift tax exclusion allows individuals to give up to $15,000 tax-free to a single recipient. Spouses are entitled to the same annual gift tax exclusion benefit for a combined total of $30,000 to a single recipient (called a "split gift").
How the lifetime gift tax exclusion works. On top of the $15,000 annual exclusion, you get an $11.7 million lifetime exclusion in 2021. And because it's per person, married couples can exclude double that in lifetime gifts. That comes in handy when you're giving away more than $15,000.
For 2018, 2019, 2020 and 2021, the annual exclusion is $15,000.
The annual exclusion also is per person, which means that if you're married, you and your spouse could give away a combined $30,000 a year to whomever without having to file a gift tax return. Gifts between spouses are unlimited and generally don't trigger a gift tax return.
The lifetime gift tax exemption is the amount of money or assets the government permits you to give away over the course of your lifetime without having to pay the federal gift tax. This limit is adjusted each year.
If you gift an asset to someone then you should consider whether there are any inheritance tax consequences. If the gift is not exempt for inheritance tax purposes and you die within seven years of making the gift, it may become chargeable to inheritance tax.
Gift Tax Limit: Lifetime Most taxpayers won't ever pay gift tax because the IRS allows you to gift up to $12.06 million over your lifetime without having to pay gift tax. This is the lifetime gift tax exemption, and it's up from $11.7 million in 2021.