Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know About the Gift Tax Exclusion & How to Potentially Avoid it

Author: James F. McDonough

Date: July 15, 2015

Key Contacts

Back

Currently, the gift tax exclusion threshold is $14,000, but most high net worth individuals will probably never pay the tax, according to the Motley Fool.

This is due to the fact that even if individuals exceed the $14,000 limit, they will most likely only need to file a gift tax return and apply part of the unified credit – equal to $5,430,000 in 2015 – although they will not owe any money to the federal government.

The gift tax exclusion

The original intention of the gift tax was to prevent individuals from skirting federal estate taxes prior to death. However, despite its design, the gift tax is avoidable because current laws have two provisions in the federal gift tax exclusion that only require most individuals to file a gift tax return. The annual gift tax exclusion allows individuals to give gifts valued at no more than $14,000 per person (donee) for 2015 without paying gift tax or filing a gift tax return.

The annual gift tax provision is the more popular alternative because it saves the lifetime exclusion for the estate tax, which applies only to estates (and lifetime) valued at $5.43 million. Therefore, even if a gift amount exceeds the $14,000 threshold, an individual will need to file a gift tax return and apply a portion of their lifetime exclusion toward the gift, which eliminates the gift tax altogether. However, the $14,000 threshold only applies to gifts to one donee, meaning that an individual can give several $14,000 gifts to different donees in 2015 without being subject to the gift tax. The benefits extend with a married couple as well because these couples can give $28,000 per donee in gifts to an unlimited number of individuals without tax repercussions.

The second alternative is to use the lifetime exclusion in gifting, which enables individuals to exceed the $14,000 threshold without paying tax. With this provision, individuals can file gift tax returns for a large gift and apply the a portion of their lifetime exclusion. The $5.430 million threshold may be applied to gifts made during life or applied against their taxable estate. A gift of $114,000 to one donee would reduce the lifetime exclusion by $100,000 to $5,420,000.

Benefits of the gift tax exclusions

There are other annual and lifetime gift tax exclusions that do not reduce the lifetime exclusion or count toward the $14,000 annual limitation, such as an unlimited marital gift deductions, tuition and medical expenses. An individual is allowed to gift to a spouse for an unlimited amount without being subject to the gift tax threshold. However, in the case of tuition and medical expenses, there is also an unlimited threshold amount for gifts if the payments are made directly to the educational or medical institution.

According to a recent interview in Forbes, Thomas Brockley, Senior Vice President at RBC Wealth Management, noted that there are several options to avoid paying federal gift taxes so that recipients receive the maximum amount of the gift. Particularly with estates left in the event of death because gift assets left to recipients may be eligible to count against the federal gift tax exclusion amount of $5.43 million.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters post image

New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program,  enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]

Author: Michael J. Sheppeard

Link to post with title - "New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters"
A Simple Guide to Industry Roll-Up Acquisitions post image

A Simple Guide to Industry Roll-Up Acquisitions

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]

Author: Dan Brecher

Link to post with title - "A Simple Guide to Industry Roll-Up Acquisitions"
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition post image

Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]

Author: Michael J. Sheppeard

Link to post with title - "Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition"
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance post image

Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]

Author: Bryce S. Robins

Link to post with title - "Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance"
Don’t Overlook the Importance of Business License Management post image

Don’t Overlook the Importance of Business License Management

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]

Author: Dan Brecher

Link to post with title - "Don’t Overlook the Importance of Business License Management"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!