What is a Gift Tax?
The gift tax is a federal tax imposed on the transfer of money or property to another person without receiving full payment or compensation in return. Cash, real estate, investments, personal property, and other assets are all subject to this tax. It also covers discounted sales and interest-free or below-market-rate loans, as the IRS may classify them as gifts.
The gift tax is enforced by the IRS to prevent individuals from transferring assets before their death to avoid paying estate taxes. However, not all gifts are taxable. There are certain exclusions and exemptions.
Gift Tax Limits and Exclusions for 2025
Gifts that exceed $19,000 per recipient in 2025 must be reported using Form 709 (United States Gift Tax Return).
Individuals can give up to $13.99 million before gift taxes are charged due to the lifetime exemption.
Gifts below these thresholds are not subject to tax but may still occasionally require reporting in some cases.
What is considered a ‘Gift’?
A ‘gift’ is anything of value given to another person without expecting something of equal value in return.
According to the IRS, gifts include:
- Cash and financial assets such as stocks, bonds, mutual funds
- Real estate
- Vehicles, artwork, jewelry, and collectibles
- Interest-free or below-market-rate loans
- Sale of property or assets at a discounted rate
There are certain items that are not included under the gift tax such as
- Educational expenses
- Medical expenses
- Gifts to a spouse
- Gifts and donations to political organizations
Gift Tax Filing Requirements
Individuals who have gifted more than $19,000 to a person (other than a spouse) in 2025 must file Form 709 with the IRS. While most gifts below this threshold are not taxed, any gifts that exceed the lifetime exclusion limit of $13.99 million may be subject to taxation.
Gift Tax Rules for Married Couples
Married couples cannot file a joint gift tax return. Each spouse must file separately if required. If a gift is made from community property, the IRS considers each spouse to have gifted half of the total value. If a couple wants to split a gift, both spouses must file Form 709 and indicate their consent.
Who Pays the Gift Tax?
In most cases, the giver or donor (the person giving the gift) is responsible for paying the gift tax. However, if the donor fails to pay, the recipient (done) may be held accountable. If the donor passes away before filing a required gift tax return, the executor of the donor’s estate must ensure the return is filed and any taxes owed are paid.