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If your spouse is not a U. Section 6109 requires that you provide your identifying number.

Use Form 709 only to report those transfers where the ETIP civil due to something other than dating instructions donor's death. DSUE Received From the Last Deceased Spouse In this Part, include information about the DSUE amount from the donor's most recently deceased spouse whose date of death is after December 31, 2010. Each individual is responsible for his or her own Ring 709. If you feel like the date was a success, a hug is a simple, yet affective way to show you had a good time. Under certain circumstances, they also are subject to gift and GST taxes for gifts of intangible property. To make one of these elements, check column C next to the transfer to which the election applies.

Well, the same goes for dating. Then you'll either click yes if it's a match or no if it's not. The GST portion of the transfer would not be reported until A died or otherwise gave up her life estate in the house.

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See Annual Exclusion, later. See Nonresidents not Citizens of the United States, later. See Table for Computing Gift Tax. See Table of Basic Exclusion and Credit Amounts. The executor of the predeceased spouse's estate must have elected on a timely and complete Form 706 to allow the donor to use the predeceased spouse's unused exclusion amount. For federal tax purposes, marriages of couples of the same sex are treated the same as marriages of couples of the opposite sex. However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that isn't considered a marriage under state law aren't considered married for federal tax purposes. For more details, see Schedule C, Restored Exclusion Amount, later. If a donor made a taxable gift to a skip person whose generation assignment is changed as a result of Notice 2017-15, any allocation of GST exemption to that gift is deemed void. For more details, see the instructions for Gifts Subject to Both Gift and GST Taxes, later. For more information about the Restored Exclusion Amount and GST transfers, see. But see Transfers Not Subject to Gift Tax and Gifts to Your Spouse, later, for more information on specific gifts that are not taxable. See Annual Exclusion, later. Each individual is responsible for his or her own Form 709. If a trust, estate, partnership, or corporation makes a gift, the individual beneficiaries, partners, or stockholders are considered donors and may be liable for the gift and GST taxes. However, if the donor does not pay the tax, the person receiving the gift may have to pay the tax. If the only gifts you made during the year are deductible as gifts to charities, you do not need to file a return as long as you transferred your entire interest in the property to qualifying charities. If you transferred only a partial interest, or transferred part of your interest to someone other than a charity, you must still file a return and report all of your gifts to charities. Transfers Subject to the Gift Tax Generally, the federal gift tax applies to any transfer by gift of real or personal property, whether tangible or intangible, that you made directly or indirectly, in trust, or by any other means. The gift tax applies not only to the free transfer of any kind of property, but also to sales or exchanges, not made in the ordinary course of business, where value of the money or property received is less than the value of what is sold or exchanged. The gift tax is in addition to any other tax, such as federal income tax, paid or due on the transfer. The exercise or release of a general power of appointment may be a gift by the individual possessing the power. General powers of appointment are those in which the holders of the power can appoint the property under the power to themselves, their creditors, their estates, or the creditors of their estates. To qualify as a power of appointment, it must be created by someone other than the holder of the power. The gift tax also may apply to forgiving a debt, to making an interest-free or below market interest rate loan, to transferring the benefits of an insurance policy, to certain property settlements in divorce cases, and to giving up of some amount of annuity in exchange for the creation of a survivor annuity. Bonds that are exempt from federal income taxes are not exempt from federal gift taxes. Sections 2701 and 2702 provide rules for determining whether certain transfers to a family member of interests in corporations, partnerships, and trusts are gifts. The rules of section 2704 determine whether the lapse of any voting or liquidation right is a gift. Gifts to your spouse. You must file a gift tax return if you made any gift to your spouse of a terminable interest that does not meet the exception described in Life estate with power of appointment, or if your spouse is not a U. You also must file a gift tax return to make the Qualified Terminable Interest Property QTIP election described under Line 12. Election Out of QTIP Treatment of Annuities. Except as described earlier, you do not have to file a gift tax return to report gifts to your spouse regardless of the amount of these gifts and regardless of whether the gifts are present or future interests. You need not file a Form 709 to report these transfers and should not list them on Schedule A of Form 709 if you do file Form 709. The gift tax does not apply to a transfer to any civic league or other organization described in section 501 c 4 , any labor, agricultural, or horticultural organization described in section 501 c 5 , or any business league or other organization described in section 501 c 6 for the use of such organization, provided that such organization is exempt from tax under section 501 a. The gift tax does not apply to an amount you paid on behalf of an individual to a qualifying domestic or foreign educational organization as tuition for the education or training of the individual. A qualifying educational organization is one that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. See section 170 b 1 A ii and its regulations. The payment must be made directly to the qualifying educational organization and it must be for tuition. No educational exclusion is allowed for amounts paid for books, supplies, room and board, or other similar expenses that are not direct tuition costs. To the extent that the payment to the educational organization was for something other than tuition, it is a gift to the individual for whose benefit it was made, and may be offset by the annual exclusion if it is otherwise available. Contributions to a qualified tuition program QTP on behalf of a designated beneficiary do not qualify for the educational exclusion. See Line B—Qualified Tuition Programs 529 Plans or Programs in the instructions for Schedule A, later. The gift tax does not apply to an amount you paid on behalf of an individual to a person or institution that provided medical care for the individual. The payment must be to the care provider. The medical care must meet the requirements of section 213 d definition of medical care for income tax deduction purposes. Medical care includes expenses incurred for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body, or for transportation primarily for and essential to medical care. Medical care also includes amounts paid for medical insurance on behalf of any individual. The medical exclusion does not apply to amounts paid for medical care that are reimbursed by the donee's insurance. If payment for a medical expense is reimbursed by the donee's insurance company, your payment for that expense, to the extent of the reimbursed amount, is not eligible for the medical exclusion and you are considered to have made a gift to the donee of the reimbursed amount. To the extent that the payment was for something other than medical care, it is a gift to the individual on whose behalf the payment was made and may be offset by the annual exclusion if it is otherwise available. The medical and educational exclusions are allowed without regard to the relationship between you and the donee. For examples illustrating these exclusions, see Regulations section 25. For a gift in trust, each beneficiary of the trust is treated as a separate donee for purposes of the annual exclusion. For gifts made to spouses who are not U. A gift of a future interest cannot be excluded under the annual exclusion. A gift is considered a present interest if the donee has all immediate rights to the use, possession, and enjoyment of the property or income from the property. A gift is considered a future interest if the donee's rights to the use, possession, and enjoyment of the property or income from the property will not begin until some future date. Future interests include reversions, remainders, and other similar interests or estates. A contribution to a QTP on behalf of a designated beneficiary is considered a gift of a present interest. A gift to a minor is considered a present interest if all of the following conditions are met. The gift of a present interest to more than one donee as joint tenants qualifies for the annual exclusion for each donee. Nonresidents not Citizens of the United States Nonresidents not citizens of the United States are subject to gift and GST taxes for gifts of tangible property situated in the United States. A person is considered a nonresident not a citizen of the United States if he or she, at the time the gift is made, 1 was not a citizen of the United States and did not reside there, or 2 was domiciled in a United States possession and acquired citizenship solely by reason of birth or residence in the possession. Under certain circumstances, they also are subject to gift and GST taxes for gifts of intangible property. See section 2501 a. If you are a nonresident not a citizen of the United States who made a gift subject to gift tax, you must file a gift tax return when any of the following apply. See Gifts Subject to Both Gift and GST Taxes, later. A transfer is subject to the gift tax if it is required to be reported on Schedule A of Form 709 under the rules contained in the gift tax portions of these instructions, including the split gift rules. Therefore, transfers made to political organizations, transfers made to certain exempt organizations, transfers that qualify for the medical or educational exclusions, transfers that are fully excluded under the annual exclusion, and most transfers made to your spouse are not subject to the GST tax. Transfers subject to the GST tax are described in further detail in the instructions. Certain transfers, particularly transfers to a trust, that are not subject to gift tax and are therefore not subject to the GST tax on Form 709 may be subject to the GST tax at a later date. In this instance, you may want to apply a GST exemption amount to the transfer on this return or on a Notice of Allocation. For more information, see Schedule D, Part 2—GST Exemption Reconciliation and Schedule A, Part 3—Indirect Skips. Transfers Subject to an Estate Tax Inclusion Period ETIP Certain transfers that are direct skips receive special treatment. If the transferred property would have been includible in the donor's estate if the donor had died immediately after the transfer for a reason other than the donor having died within 3 years of making the gift , the direct skip will be treated as having been made at the end of the ETIP rather than at the time of the actual transfer. For example, if A transferred her house to her granddaughter, B, but retained the right to live in the house until her death a retained life estate , the value of the house would be includible in A's estate if she died while still holding the life estate. In this case, the transfer to B is a completed gift it is a transfer of a future interest and must be reported on Part 1 of Schedule A. The GST portion of the transfer would not be reported until A died or otherwise gave up her life estate in the house. Report the gift portion of such a transfer on Schedule A, Part 1, at the time of the actual transfer. Report the GST portion on Schedule A, Part 2, but only at the close of the ETIP. Use Form 709 only to report those transfers where the ETIP closed due to something other than the donor's death. If the ETIP closed as the result of the donor's death, report the transfer on Form 706, United States Estate and Generation-Skipping Transfer Tax Return. If you are filing this Form 709 solely to report the GST portion of transfers subject to an ETIP, complete the form as you normally would with the following exceptions. The elections described in 1 and 2 must be made on the Form 709 that is filed by the transferor to report the transfer that is being valued under section 2701. The elections are made by attaching a statement to Form 709. For information on what must be in the statement and for definitions and other details on the elections, see section 2701 and Regulations section 25. The election described in 3 may be made by attaching a statement to the Form 709 filed by the recipient of the qualified payment for the year the payment is received. If the election is made on a timely filed return, the taxable event is deemed to occur on the date the qualified payment is received. If it is made on a late filed return, the taxable event is deemed to occur on the first day of the month immediately preceding the month in which the return is filed. For information on what must be in the statement and for definitions and other details on this election, see section 2701 and Regulations section 25. All of the elections may be revoked, but only with the consent of the IRS. When To File Form 709 is an annual return. Generally, you must file Form 709 no earlier than January 1, but not later than April 15, of the year after the gift was made. However, in instances when April 15 falls on a Saturday, Sunday, or legal holiday, Form 709 will be due on the next business day. If the donor died during 2017, the executor must file the donor's 2017 Form 709 not later than the earlier of: By extending the time to file your income tax return. Any extension of time granted for filing your calendar year 2017 federal income tax return also will automatically extend the time to file your 2017 federal gift tax return. Income tax extensions are made by using Form 4868, Application for Automatic Extension of Time To File U. Individual Income Tax Return, or Form 2350, Application for Extension of Time To File U. You may only use these forms to extend the time for filing your gift tax return if you also are requesting an extension of time to file your income tax return. By filing Form 8892. In addition to containing an extension request, Form 8892 also serves as a payment voucher Form 8892-V for a balance due on federal gift taxes for which you are extending the time to file. For more information, see Form 8892. See Regulations section 301. If you receive a notice about penalties after you file Form 709, send an explanation and we will determine if you meet reasonable cause criteria. Do not attach an explanation when you file Form 709. There also are penalties for willful failure to file a return on time, willful attempt to evade or defeat payment of tax, and valuation understatements that cause an underpayment of the tax. A substantial valuation understatement occurs when the reported value of property entered on Form 709 is 65% or less of the actual value of the property. A gross valuation understatement occurs when the reported value listed on the Form 709 is 40% or less of the actual value of the property. Penalties also may be applied to tax return preparers, including gift tax return preparers. The Small Business and Work Opportunity Tax Act of 2007 extended section 6694 income tax return preparer penalties to all tax return preparers, including gift tax return preparers. See section 6694, its regulations, and Ann. Joint Tenancy If you buy property with your own funds and the title to the property is held by you and a donee as joint tenants with right of survivorship and if either you or the donee may give up those rights by severing your interest, you have made a gift to the donee in the amount of half the value of the property. If you create a joint bank account for yourself and a donee or a similar kind of ownership by which you can get back the entire fund without the donee's consent , you have made a gift to the donee when the donee draws on the account for his or her own benefit. The amount of the gift is the amount that the donee took out without any obligation to repay you. If you buy a U. Transfer of Certain Life Estates Received From Spouse If you received a qualified terminable interest see Line 12. Election Out of QTIP Treatment of Annuities in the instructions for Schedule A, later from your spouse for which a marital deduction was elected on your spouse's estate or gift tax return, you will be subject to the gift tax and GST tax, if applicable if you dispose of all or part of your life income interest by gift, sale, or otherwise. That portion of the property's value that is attributable to the remainder interest is a gift of a future interest for which no annual exclusion is allowed. To the extent that you transferred the life income interest without receiving any value in return, the transfer is a gift, and you may claim an annual exclusion, treating the person to whom you transferred the interest as the donee for purposes of figuring the annual exclusion. A married couple may not file a joint gift tax return. However, if after reading the instructions below, you and your spouse agree to split your gifts, you should file both of your individual gift tax returns together that is, in the same envelope to help the IRS process the returns and to avoid correspondence from the IRS. If you and your spouse both consent, all gifts including gifts of property held with your spouse as joint tenants or tenants by the entirety either of you make to third parties during the calendar year will be considered as made one-half by each of you if all of the following apply. If you transferred property partly to your spouse and partly to third parties, you can only split the gifts if the interest transferred to the third parties is ascertainable at the time of the gift. The consent is effective for the entire calendar year; therefore, all gifts made by both you and your spouse to third parties during the calendar year while you were married must be split. If the consent is effective, the liability for the entire gift tax of each spouse is joint and several. If you are not married or do not wish to split gifts, skip to line 19. But, if neither you nor your spouse has filed a gift tax return for the year on or before that date, the consent must be made on the first gift tax return for the year filed by either of you. The executor for a deceased spouse or the guardian for a legally incompetent spouse may sign the consent. When the Consenting Spouse Also Must File a Gift Tax Return In general, if you and your spouse elect gift splitting, then both spouses must file his or her own individual gift tax return. However, only one spouse must file a return if the requirements of either of the exceptions below are met. In these exceptions, gifts means transfers or parts of transfers that do not qualify for the political organization, educational, or medical exclusions. If either of the above exceptions is met, only the donor spouse must file a return and the consenting spouse signifies consent on that return. Specific instructions for Part 2—Tax Computation are discussed later. Because you must complete Schedules A, B, C, and D to fill out Part 2, you will find instructions for these schedules later. Application of DSUE Amount If the donor is a citizen or resident of the United States and his or her spouse died after December 31, 2010, the donor may be eligible to use the deceased spouse's unused exclusion DSUE amount. The executor of his or her spouse's estate must have elected on Form 706 to allow use of the unused exclusion amount. See instructions for Form 706, Part 6—Portability of Deceased Spousal Unused Exclusion. If the executor of the estate made this election, attach the first four pages of Form 706 filed by the estate. Include any attachments related to DSUE that were filed with Form 706 and calculations of any adjustments to the DSUE amount like audit reports or previously filed Forms 709. See also section 2010 c 4 and related regulations. Using the checkboxes provided, indicate whether the donor is applying or has applied a DSUE amount from a predeceased spouse to gifts reported on this or a previous Form 709. If so, complete Schedule C before going to Part 2—Tax Computation. Also attach an explanation giving the basis for the claimed discounts and showing the amount of the discounts taken. The election allows you to apply the annual exclusion to a portion of the contribution in each of the 5 years, beginning in 2017. You can make this election for as many separate people as you made QTP contributions. For each of the 5 years, you report in Part 1 of Schedule A one-fifth 20% of the amount for which you made the election. In column E of Part 1 Schedule A list the date of the gift as the calendar year for which you are deemed to have made the gift that is, the year of the current Form 709 you are filing. Do not list the actual year of contribution for subsequent years. However, if in any of the last 4 years of the election, you did not make any other gifts that would require you to file a Form 709, you do not need to file Form 709 to report that year's portion of the election amount. D makes no gifts in 2019, 2020, or 2021. She is not required to file Form 709 in any of those years to report the one-fifth portion of the QTP gift because she is not otherwise required to file Form 709. You make the election by checking the box on line B at the top of Schedule A. The election must be made for the calendar year in which the contribution is made. Also attach an explanation that includes the following. If you need more space, attach a separate sheet using the same format as Schedule A. If you have chosen to split gifts, that one-half portion of the gift is entered in column G. Gift splitting not elected. Enter these gifts in the top half of Part 1, 2, or 3, as applicable. Terminable interests are defined in the instructions to Part 4, line 4. If all the terminable interests you gave to your spouse qualify as life estates with power of appointment defined under Life estate with power of appointment , you do not need to enter any of them on Schedule A. However, if you gave your spouse any terminable interest that does not qualify as a life estate with power of appointment, you must report on Schedule A all gifts of terminable interests you made to your spouse during the year. Generally, you should not report a gift of a future interest to your spouse unless the future interest also is a terminable interest that is required to be reported as described earlier. However, if you gave a gift of a future interest to your spouse and you are required to report the gift on Form 709 because you gave the present interest to a donee other than your spouse, then you should enter the entire gift, including the future interest given to your spouse, on Schedule A. You should use the rules under Gifts Subject to Both Gift and GST Taxes, later, to determine whether to enter the gift on Schedule A, Part 1, 2, or 3. Spouses who are not U. If your spouse is not a U. All three requirements must be met before the gift is subject to the GST tax. However, if you make a nontaxable gift which is a direct skip to a trust for the benefit of an individual, this transfer is subject to the GST tax unless: Trust. For purposes of the GST tax, a trust includes not only an ordinary trust, but also any other arrangement other than an estate that although not explicitly a trust, has substantially the same effect as a trust. For example, a trust includes life estates with remainders, terms for years, and insurance and annuity contracts. A transfer of property that is conditional on the occurrence of an event is a transfer in trust. If a gift is made to a natural person, it is always considered a gift of an interest in property for purposes of the GST tax. If a gift is made to a trust, a natural person will have an interest in the property transferred to the trust if that person either has a present right to receive income or corpus from the trust such as an income interest for life or is a permissible current recipient of income or corpus from the trust for example, possesses a general power of appointment. A donee, who is a natural person, is a skip person if that donee is assigned to a generation that is two or more generations below the generation assignment of the donor. See Determining the Generation of a Donee. A donee that is a trust is a skip person if all the interests in the property transferred to the trust as defined above are held by skip persons. A trust also will be a skip person if there are no interests in the property transferred to the trust held by any person, and future distributions or terminations from the trust can be made only to skip persons. A person who at any time was married to the donor is assigned to the donor's generation. A person who is not assigned to a generation according to 1 , 2 , 3 , or 4 above is assigned to a generation based on his or her birth date as follows. If more than one of the rules for assigning generations applies to a donee, that donee is generally assigned to the youngest of the generations that would apply. If an estate, trust, partnership, corporation, or other entity other than governmental entities and certain charitable organizations and trusts, described in sections 511 a 2 and 511 b 2 , as discussed later is a donee, then each person who indirectly receives the gift through the entity is treated as a donee and is assigned to a generation as explained in the above rules. Charitable organizations and trusts, described in sections 511 a 2 and 511 b 2 , and governmental entities are assigned to the donor's generation. Transfers to such organizations are therefore not subject to the GST tax. These gifts should always be listed in Part 1 of Schedule A. Generation assignments under Notice 2017-15. Notice 2017-15 permits a taxpayer to reduce his or her GST exemption allocated to transfers that were made to or for the benefit of transferees whose generation assignment is changed as a result of the Windsor decision. For additional information, go to. Generation Assignment Where Intervening Parent Is Deceased If you made a gift to your grandchild and at the time you made the gift, the grandchild's parent who is your or your spouse's or your former spouse's child is deceased, then for purposes of generation assignment, your grandchild is considered to be your child rather than your grandchild. Your grandchild's children will be treated as your grandchildren rather than your great-grandchildren. This rule also is applied to your lineal descendants below the level of grandchild. For example, if your grandchild is deceased, your great-grandchildren who are lineal descendants of the deceased grandchild are considered your grandchildren for purposes of the GST tax. This special rule also may apply in other cases of the death of a parent of the transferee. The same rules apply to the generation assignment of any descendant of the individual. This rule does not apply to a transfer to an individual who is not a lineal descendant of the transferor if the transferor at the time of the transfer has any living lineal descendants. If any transfer of property to a trust would have been a direct skip except for this generation assignment rule, then the rule also applies to transfers from the trust attributable to such property. You give your house to your daughter for her life with the remainder then passing to her children. The interest in the property transferred the present right to use the house is transferred to a nonskip person your daughter. Therefore, the trust is not a skip person because there is an interest in the transferred property that is held by a nonskip person, and the gift is not a direct skip. The transfer is an indirect skip, however, because on the death of the daughter, a termination of her interest in the trust will occur that may be subject to the GST tax. See the instructions for Part 3—Indirect Skips for a discussion of how to allocate GST exemption to such a trust. You establish a trust that is required to accumulate income for 10 years and then pay its income to your grandchildren for their lives and upon their deaths distribute the corpus to their children. Because the trust has no current beneficiaries, there are no present interests in the property transferred to the trust. All of the persons to whom the trust can make future distributions including distributions upon the termination of interests in property held in trust are skip persons that is, your grandchildren and great-grandchildren. Therefore, the trust itself is a skip person and you should list the gift in Part 2 of Schedule A. You establish a trust that pays all of its income to your grandchildren for 10 years. At the end of 10 years, the corpus is to be distributed to your children. Since for this purpose interests in trusts are defined only as present interests, all of the interests in this trust are held by skip persons the children's interests are future interests. Therefore, the trust is a skip person and you should list the entire amount you transferred to the trust in Part 2 of Schedule A even though some of the trust's ultimate beneficiaries are nonskip persons. If a transfer results in gifts to two or more individuals such as a life estate to one with remainder to the other , list the gift to each separately. Number and describe all gifts including charitable, public, and similar gifts in the columns provided in Schedule A. The CUSIP number is a nine-digit number assigned by the American Banking Association to traded securities. For interests in property based on the length of a person's life, give the date of birth of the person. If you transfer any interest in a closely held entity, provide the EIN of the entity. For life insurance policies, give the name of the insurer and the policy number. Clearly identify in the description column which gifts create the opening of an ETIP as described under Transfers Subject to an Estate Tax Inclusion Period ETIP. Describe the interest that is creating the ETIP. An allocation of GST exemption to property subject to an ETIP that is made prior to the close of the ETIP becomes effective no earlier than the date of the close of the ETIP. Computation of GST Tax, later. Columns E and F. Date and Value of Gift The value of a gift is the fair market value FMV of the property on the date the gift is made valuation date. The FMV is the price at which the property would change hands between a willing buyer and a willing seller, when neither is forced to buy or to sell, and when both have reasonable knowledge of all relevant facts. FMV may not be determined by a forced sale price, nor by the sale price of the item in a market other than that in which the item is most commonly sold to the public. The location of the item must be taken into account whenever appropriate. The FMV of a stock or bond whether listed or unlisted is the mean between the highest and lowest selling prices quoted on the valuation date. If only the closing selling prices are available, then the FMV is the mean between the quoted closing selling price on the valuation date and on the trading day before the valuation date. If there were no sales on the valuation date, figure the FMV as follows. Both trading dates must be reasonably close to the valuation date. If no actual sales were made reasonably close to the valuation date, make the same computation using the mean between the bona fide bid and the asked prices instead of sales prices. If actual sales prices or bona fide bid and asked prices are available within a reasonable period of time before the valuation date but not after the valuation date, or vice versa, use the mean between the highest and lowest sales prices or bid and asked prices as the FMV. Stock of close corporations or inactive stock must be valued on the basis of net worth, earnings, earning and dividend capacity, and other relevant factors. Generally, the best indication of the value of real property is the price paid for the property in an arm's-length transaction on or before the valuation date. If there has been no such transaction, use the comparable sales method. In comparing similar properties, consider differences in the date of the sale, and the size, condition, and location of the properties, and make all appropriate adjustments. The value of all annuities, life estates, terms for years, remainders, or reversions is generally the present value on the date of the gift. Sections 2701 and 2702 provide special valuation rules to determine the amount of the gift when a donor transfers an equity interest in a corporation or partnership section 2701 or makes a gift in trust section 2702. The rules only apply if, immediately after the transfer, the donor or an applicable family member holds an applicable retained interest in the corporation or partnership, or retains an interest in the trust. For details, see sections 2701 and 2702, and their regulations. Split Gifts—Gifts Made by Spouses If you elected to split gifts with your spouse and your spouse has given a gift s that is being split with you, enter in this area of Part 1 information on the gift s made by your spouse. If only you made gifts and you are splitting them with your spouse, do not make an entry in this area. Generally, if you elect to split your gifts, you must split all gifts made by you and your spouse to third-party donees. The only exception is if you gave your spouse a general power of appointment over a gift you made. Supplemental Documents To support the value of your gifts, you must provide information showing how it was determined. For stock of close corporations or inactive stock, attach balance sheets, particularly the one nearest the date of the gift, and statements of net earnings or operating results and dividends paid for each of the 5 preceding years. For each life insurance policy, attach Form 712, Life Insurance Statement. Note for single premium or paid-up policies. In certain situations, for example, where the surrender value of the policy exceeds its replacement cost, the true economic value of the policy will be greater than the amount shown on line 59 of Form 712. In these situations, report the full economic value of the policy on Schedule A. If the gift was made by means of a trust, attach a certified or verified copy of the trust instrument to the return on which you report your first transfer to the trust. However, to report subsequent transfers to the trust, you may attach a brief description of the terms of the trust or a copy of the trust instrument. Also attach any appraisal used to determine the value of real estate or other property. If you do not attach this information, Schedule A must include a full explanation of how value was determined. Section 2632 b Election If you elect under section 2632 b 3 to not have the automatic allocation rules of section 2632 b apply to a transfer, enter a check in column C next to the transfer. You also must attach a statement to Form 709 clearly describing the transaction and the extent to which the automatic allocation is not to apply. Reporting a direct skip on a timely filed Form 709 and paying the GST tax on the transfer will qualify as such a statement. How to report generation-skipping transfers after the close of an ETIP. If you are reporting a generation-skipping transfer that was subject to an ETIP provided the ETIP closed as a result of something other than the death of the transferor; see Form 706 , and you also are reporting gifts made during the year, complete Schedule A as you normally would with the transfer subject to an ETIP listed on Schedule A, Part 2. Part 3—Indirect Skips Some gifts made to trusts are subject only to gift tax at the time of the transfer but later may be subject to GST tax. The GST tax could apply either at the time of a distribution from the trust, at the termination of the trust, or both. Section 2632 c defines indirect skips and applies special rules to the allocation of GST exemption to such transfers. In general, an indirect skip is a transfer of property that is subject to gift tax other than a direct skip and is made to a GST trust. A GST trust is a trust that could have a generation-skipping transfer with respect to the transferor, unless the trust provides for certain distributions of trust corpus to nonskip persons. See section 2632 c 3 B for details. List in Part 3 those gifts that are indirect skips as defined in section 2632 c or may later be subject to GST tax. This includes indirect skips for which election 2, described below, will be made in the current year or has been made in a previous year. You must list the gifts in Part 3 in the chronological order that you made them. Section 2632 c Election Section 2632 c provides for the automatic allocation of the donor's unused GST exemption to indirect skips. This section also sets forth three different elections you may make regarding the allocation of exemption. You may elect not to have the automatic allocation rules apply to the current transfer made to a particular trust. You may elect not to have the automatic rules apply to both the current transfer and any and all future transfers made to a particular trust. You may elect to treat any trust as a GST trust for purposes of the automatic allocation rules. See section 2632 c 5 for details. When to make an election. Election 1 is timely made if it is made on a timely filed gift tax return for the year the transfer was made or was deemed to have been made. Elections 2 and 3 may be made on a timely filed gift tax return for the year for which the election is to become effective. To make one of these elections, check column C next to the transfer to which the election applies. You also must attach an explanation as described below. If you are making election 2 or 3 on a return on which the transfer is not reported, simply attach the statement described below. If you are reporting a transfer to a trust for which election 2 or 3 was made on a previously filed return, do not make an entry in column C for that transfer and do not attach a statement. If either the right to income or the power of appointment given to your spouse pertains only to a specific portion of a property interest, the marital deduction is allowed only to the extent that the rights of your spouse meet all four of the above conditions. For example, if your spouse is to receive all of the income from the entire interest, but only has a power to appoint one-half of the entire interest, then only one-half qualifies for the marital deduction. A partial interest in property is treated as a specific portion of an entire interest only if the rights of your spouse to the income and to the power are a fractional or percentile share of the entire property interest. This means that the interest or share will reflect any increase or decrease in the value of the entire property interest. If the spouse is entitled to receive a specified sum of income annually, the capital amount that would produce such a sum will be considered the specific portion from which the spouse is entitled to receive the income. Election to deduct qualified terminable interest property QTIP. You may elect to deduct a gift of a terminable interest if it meets requirements 1 , 2 , and 4 earlier, even though it does not meet requirement 3. You make this election simply by listing the qualified terminable interest property on Schedule A and deducting its value from Schedule A, Part 4, line 4. You are presumed to have made the election for all qualified property that you both list and deduct on Schedule A. You may not make the election on a late filed Form 709. On line 7, show your total charitable, public, or similar gifts minus annual exclusions allowed. On the dotted line, indicate which numbered items from the top of Schedule A are charitable gifts. GST Tax If GST tax is due on any direct skips reported on this return, the amount of that GST tax also is considered a gift and must be added to the value of the direct skip reported on this return. If you entered gifts on Part 2, or if you and your spouse elected gift splitting and your spouse made gifts subject to the GST tax that you are required to show on your Form 709, complete Schedule D, and enter on line 10 the total from Schedule D, Part 3, column H. Otherwise, enter zero on line 10. Election Out of QTIP Treatment of Annuities Section 2523 f 6 creates an automatic QTIP election for gifts of joint and survivor annuities where the spouses are the only possible recipients of the annuity prior to the death of the last surviving spouse. The donor spouse can elect out of QTIP treatment, however, by checking the box on line 12 and entering the item number from Schedule A for the annuities for which you are making the election. Any annuities entered on line 12 cannot also be entered on line 4 of Schedule A, Part 4. Any such annuities that are not listed on line 12 must be entered on line 4 of Part 4, Schedule A. If there is more than one such joint and survivor annuity, you are not required to make the election for all of them. Once made, the election is irrevocable. If you need more space, attach a separate sheet using the same format as Schedule B. Pre-1977 gifts will be on the first row. B Taxable Gifts for Current Period Enter the amount of all taxable gifts for the year in Column A. The total of all pre-1977 gifts should be combined in the first row. C Taxable Gifts for Prior Periods Enter the amount from Column D of the previous row. D Cumulative Taxable Gifts Including Current Period Enter the sum of Columns B and C from the current row. E Tax on Gifts for Prior Periods Enter the amount from Column F of the previous row. F Tax on Cumulative Gifts Including Current Period Enter the tax based on the amount in Column D of the current row using the Table for Computing Gift Tax. G Tax on Gifts for Current Period Subtract the amount in Column E from the amount in Column F of the current row and enter here. H Used DSUE Amount From Predeceased Spouse s and Restored Exclusion Amount Enter the sum of a total DSUE amount if any received from the estate of the donor's last deceased spouse and used by the donor in prior periods and the current period and b Restored Exclusion Amount if any. DSUE may not be applied to gifts made before the DSUE arose. Restored Exclusion Amount may not be applied to gifts made before the taxpayer restored the exclusion expended on a taxable gift to the taxpayer's same-sex spouse. The Restored Exclusion Amount is applied in the first year that the taxpayer restores the exclusion and every subsequent year. I Basic Exclusion Amount for Year of Gift Enter the exclusion amount corresponding with the year listed in Column A of the current row. See Table of Basic Exclusion and Credit Amounts. J Applicable Exclusion Amount Add the amounts in Columns H and I of the current row and enter here. K Applicable Credit Amount Based on Amount in Column J Using the Table for Computing Gift Tax, determine the credit corresponding to the amount in Column J of the current row and enter here. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. L Applicable Credit Amount Used in Prior Periods Enter the total of the amounts in Columns L and N of the previous row. M Available Credit in Current Period Subtract the amount in Column L from the amount in Column K of the current row and enter here. N Credit Allowable Enter the lesser of Column G or Column M of the current row. Repeat this process for each prior year with taxable gifts. Do not enter less than zero. Prior Years Credit Recalculation for Form 709 Schedule B, Column C Keep for your records. A B C D E F G H I J K L M N Period Taxable Gifts for Current Period Taxable Gifts for Prior Periods1 Cumulative Taxable Gifts Including Current Period Col. C Tax on Gifts for Prior Periods Col. C 2, 3 Tax on Cumulative Gifts Including Current Period Col. D 3 Tax on Gifts for Current Period Col. E DSUE From Pre- deceased Spouse s and Restored Exclusion Amount Basic Exclusion for Year of Gift 4 Applicable Exclusion Amount Col. I Applicable Credit Amount Based on Column J 3, 5 Applicable Credit Amount Used in Prior Periods 3, 6 Available Credit in Current Period Col. L Credit Allowable lesser of Col. M Pre-1977 YYYY YYYY YYYY Total Applicable Credit Used in Prior Periods Enter the Total of Column N on Schedule B, Line 1, Column C : 1. Column C: Enter amount from Column D of the previous row. Column E: Compute the tax on the amount in Column C or enter amount from Column F of the previous row. To compute tax or credit amount, see Table for Computing Gift Tax. For years prior to 2010, the basic exclusion amount equals the applicable exclusion amount. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. Enter the total of Columns L and N of the previous row. Prior Years Credit Recalculation for Form 709 Schedule B, Column C Three post-1976 years involved. All have the same maximum credit available. Tentative tax exceeds available credit. A B C D E F G H I J K L M N Period Taxable Gifts for Current Period Taxable Gifts for Prior Periods1 Cumulative Taxable Gifts Including Current Period Col. C Tax on Gifts for Prior Periods Col. C 2, 3 Tax on Cumulative Gifts Including Current Period Col. D 3 Tax on Gifts for Current Period Col. E DSUE From Pre- deceased Spouse s and Restored Exclusion Amount Basic Exclusion for Year of the Gift 4 Applicable Exclusion Amount Col. I Applicable Credit Amount Based on Column J 3, 5 Applicable Credit Amount Used in Prior Periods 3, 6 Available Credit in Current Period Col. L Credit Allowable lesser of Col. M Pre-1977 2004 800,000 0 800,000 0 267,800 267,800 0 1,000,000 1,000,000 345,800 0 345,800 267,800 2007 300,000 800,000 1,100,000 267,800 385,800 118,000 0 1,000,000 1,000,000 345,800 267,800 78,000 78,000 2009 200,000 1,100,000 1,300,000 385,800 465,800 80,000 0 1,000,000 1,000,000 345,800 345,800 0 0 Total Applicable Credit Used in Prior Periods Enter the Total of Column N on Schedule B, Line 1, Column C : 345,800 1. Column C: Enter amount from Column D of the previous row. Column E: Compute the tax on the amount in Column C or enter amount from Column F of the previous row. To compute tax or credit amount, see Table for Computing Gift Tax. For years prior to 2010, the basic exclusion amount equals the applicable exclusion amount. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. Enter the total of Columns L and N of the previous row. Prior Years Credit Recalculation for Form 709 Schedule B, Column C Pre-1977 gifts plus 3 post-1976 years: Earlier years' gifts exceed credit then available. Last gift made after credit increased. A B C D E F G H I J K L M N Period Taxable Gifts for Current Period Taxable Gifts for Prior Periods1 Cumulative Taxable Gifts Including Current Period Col. C Tax on Gifts for Prior Periods Col. C 2, 3 Tax on Cumulative Gifts Including Current Period Col. D 3 Tax on Gifts for Current Period Col. E DSUE From Pre- deceased Spouse s and Restored Exclusion Amount Basic Exclusion for Year of the Gift 4 Applicable Exclusion Amount Col. I Applicable Credit Amount Based on Column J 3, 5 Applicable Credit Amount Used in Prior Periods 3, 6 Available Credit in Current Period Col. L Credit Allowable lesser of Col. M Pre-1977 200,000 200,000 54,800 1987 600,000 200,000 800,000 54,800 267,800 213,000 0 600,000 600,000 192,800 0 192,800 192,800 1999 200,000 800,000 1,000,000 267,800 345,800 78,000 0 650,000 650,000 211,300 192,800 18,500 18,500 2002 100 1,000,000 1,000,100 345,800 345,840 40 0 1,000,000 1,000,000 345,800 211,300 134,500 40 Total Applicable Credit Used in Prior Periods Enter the Total of Column N on Schedule B, Line 1, Column C : 211,340 1. Column C: Enter amount from Column D of the previous row. Column E: Compute the tax on the amount in Column C or enter amount from Column F of the previous row. To compute tax or credit amount, see Table for Computing Gift Tax. For years prior to 2010, the basic exclusion amount equals the applicable exclusion amount. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. Enter the total of Columns L and N of the previous row. A B C D E F G H I J K L M N Period Taxable Gifts for Current Period Taxable Gifts for Prior Periods1 Cumulative Taxable Gifts Including Current Period Col. C Tax on Gifts for Prior Periods Col. C 2, 3 Tax on Cumulative Gifts Including Current Period Col. D 3 Tax on Gifts for Current Period Col. E DSUE From Pre- deceased Spouse s and Restored Exclusion Amount4 Basic Exclusion for Year of the Gift 5 Applicable Exclusion Amount Col. I Applicable Credit Amount Based on Column J 3, 6 Applicable Credit Amount Used in Prior Periods 3, 7 Available Credit in Current Period Col. L Credit Allowable lesser of Col. M Pre-1977 2011 10,000,000 0 10,000,000 0 3,945,800 3,945,800 4,000,000 5,000,000 9,000,000 3,545,800 0 3,545,800 3,545,800 YYYY YYYY Total Applicable Credit Used in Prior Periods Enter the Total of Column N on Schedule B, Line 1, Column C : 3,545,800 1. Column C: Enter amount from Column D of the previous row. Column E: Compute the tax on the amount in Column C or enter amount from Column F of the previous row. To compute tax or credit amount, see Table for Computing Gift Tax. DSUE may not be applied to gifts made prior to when it arises. For years prior to 2010, the basic exclusion amount equals the applicable exclusion amount. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. Enter the total of Columns L and N of the previous row. A B C D E F G H I J K L M N Period Taxable Gifts for Current Period Taxable Gifts for Prior Periods1 Cumulative Taxable Gifts Including Current Period Col. C Tax on Gifts for Prior Periods Col. C 2, 3 Tax on Cumulative Gifts Including Current Period Col. D 3 Tax on Gifts for Current Period Col. E DSUE From Pre- deceased Spouse s and Restored Exclusion Amount Basic Exclusion for Year of the Gift 4 Applicable Exclusion Amount Col. I Applicable Credit Amount Based on Column J 3, 5 Applicable Credit Amount Used in Prior Periods 3, 6 Available Credit in Current Period Col. L Credit Allowable lesser of Col. M Pre-1977 2002 4,000,000 0 4,000,000 0 1,545,800 1,545,800 0 1,000,000 1,000,000 345,800 0 345,800 345,800 2011 4,000,000 4,000,000 8,000,000 1,545,800 3,145,800 1,600,000 4,000,000 5,000,000 9,000,000 3,545,800 345,800 3,200,000 1,600,000 YYYY Total Applicable Credit Used in Prior Periods Enter the Total of Column N on Schedule B, Line 1, Column C : 1,945,800 1. Column C: Enter amount from Column D of the previous row. Column E: Compute the tax on the amount in Column C or enter amount from Column F of the previous row. To compute tax or credit amount, see Table for Computing Gift Tax. For years prior to 2010, the basic exclusion amount equals the applicable exclusion amount. For each row in Column K, subtract 20% of any amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977. Enter the total of Columns L and N of the previous row. Portability of Deceased Spousal Unused Exclusion DSUE Amount and Restored Exclusion Amount Section 303 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 authorized estates of decedents dying on or after January 1, 2011, to elect to transfer any unused exclusion to the surviving spouse. The amount received by the surviving spouse is called the deceased spousal unused exclusion, or DSUE, amount. If the executor of the decedent's estate elects transfer, or portability, of the DSUE amount, the surviving spouse can apply the DSUE amount received from the estate of his or her last deceased spouse defined later against any tax liability arising from subsequent lifetime gifts and transfers at death. Last Deceased Spouse Limitation The last deceased spouse is the most recently deceased person who was married to the surviving spouse at the time of that person's death. The identity of the last deceased spouse is determined as of the day a taxable gift is made and is not impacted by whether the decedent's estate elected portability or whether the last deceased spouse had any DSUE amount available. Remarriage also does not affect the designation of the last deceased spouse and does not prevent the surviving spouse from applying the DSUE amount to taxable transfers. When a taxable gift is made, the DSUE amount received from the last deceased spouse is applied before the surviving spouse's basic exclusion amount. A surviving spouse who has more than one predeceased spouse is not precluded from using the DSUE amount of each spouse in succession. A surviving spouse may not use the sum of DSUE amounts from multiple predeceased spouses at one time nor may the DSUE amount of a predeceased spouse be applied after the death of a subsequent spouse. When a surviving spouse applies the DSUE amount to a lifetime gift, the IRS may examine any return of a predeceased spouse whose executor elected portability to verify the allowable DSUE amount. The DSUE may be adjusted or eliminated as a result of the examination; however, the IRS may make an assessment of additional tax on the return of a predeceased spouse only within the applicable limitations period under section 6501. Prior to the decision of the Supreme Court in United States v. As a result, taxpayers in a same-sex marriage were not entitled to claim a marital deduction for gifts or bequests to each other. Those taxpayers were required to use their applicable exclusion amount to defray any gift or estate tax imposed on the transfer or were required to pay gift or estate taxes, to the extent the taxpayer's exclusion previously had been exhausted. In Windsor, the Supreme Court declared that DOMA was unconstitutional. For federal tax purposes, marriages of couples of the same sex are treated the same as marriages of couples of the opposite sex. However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that isn't considered a marriage under state law aren't considered married for federal tax purposes. Under a new procedure, a donor who made a transfer to the donor's same-sex spouse, which resulted in a reduction of the donor's applicable exclusion amount, can now recalculate the remaining applicable exclusion. This procedure is only available to transfers that did not qualify for the marital deduction for federal gift tax purposes at the time of the transfer, based solely on the application of DOMA. If the limitations period has expired, the donor may recalculate the remaining applicable exclusion. However, once the limitations period on assessment of tax has expired, neither the value of the transferred interest nor any position concerning a legal issue other than the existence of the marriage related to the transfer can be changed. Similarly, no credit or refund of the gift taxes paid on the donor's transfer to the donor's same-sex spouse can be given once the limitations period on claims for credit or refund has expired. The first step of the procedure is to determine the amount of applicable exclusion that was expended on a taxable gift to a same-sex spouse. In any given year, the amount of applicable exclusion expended on a taxable gift to a same-sex spouse is equal to the amount of applicable exclusion expended on all taxable gifts multiplied by the ratio of the amount of taxable gifts to the same-sex spouse over total taxable gifts. The amount of applicable exclusion expended on all taxable gifts is equal to the lesser of the available applicable exclusion or the amount of all taxable gifts. A's marriage to B was recognized by the state where they got married, but was not recognized by the federal government. The transfer to B would qualify for the marital deduction, if A's marriage to B was recognized by the federal government. The second step of the procedure is to repeat the first step for every year where the donor made a taxable gift to a same-sex spouse. The third step of the procedure is to add up the result for all the years. The result is the total amount of applicable exclusion expended on the same sex spouse. This amount of applicable exclusion will be restored to the donor for use on future gifts and bequests and is known as the Restored Exclusion Amount. Enter this amount on line 3 of Schedule C. Attach a statement to Form 709 detailing the calculation of the above procedure on the first Form 709 that you claim a Restored Exclusion Amount. The Restored Exclusion Amount will have to be accounted for the donor on every subsequent Form 709 and Form 706 that will be filed. This means that on all future Forms 709 that will be filed, the Restored Exclusion Amount will need to be entered on Schedule C. The Restored Exclusion Amount will be entered on line 9c of Part 2—Tax Computation on Form 706. In addition, the Worksheet for Schedule B, Column C Credit Allowable for Prior Periods should reflect the Restored Exclusion Amount. For the period where the applicable exclusion was first restored, and on every subsequent period listed on the worksheet, add the Restorable Exclusion Amount to the total DSUE amount if any and enter the sum on column H. DSUE Received From the Last Deceased Spouse In this Part, include information about the DSUE amount from the donor's most recently deceased spouse whose date of death is after December 31, 2010. In column E, enter the total of the amount in column D that the donor has applied to gifts in previous years and is applying to gifts reported on this return. A donor may apply DSUE only to gifts made after the DSUE arose. DSUE Received From Other Predeceased Spouse s Enter information about the DSUE amount from the spouse s , if any, who died prior to the donor's most recently deceased spouse but not before January 1, 2011 if the prior spouse's executor elected portability of the DSUE amount. In column D, indicate the amount of DSUE received from the estate of each predeceased spouse. In column E, enter the portion of the amount of DSUE shown in column D that was applied to prior lifetime gifts or transfers. A donor may apply DSUE only to gifts made after the DSUE arose. Add the amounts listed in column E from Parts 1 and 2 and enter the total on line 2. On line 3, enter the Restored Exclusion Amount. On line 4, enter the total of lines 1, 2, and 3. Using the Table for Computing Gift Tax, determine the donor's applicable credit by applying the appropriate tax rate to the amount on line 4. Enter this amount on line 5 and on line 7 of Part 2—Tax Computation. Column C You are allowed to claim the gift tax annual exclusion currently allowable for your reported direct skips other than certain direct skips to trusts—see Note , using the rules and limits discussed earlier for the gift tax annual exclusion. However, you must allocate the exclusion on a gift-by-gift basis for GST computation purposes. You must allocate the exclusion to each gift to the maximum allowable amount and in chronological order, beginning with the earliest gift that qualifies for the exclusion. See Regulations section 26. Keep a record of your transfers and exemption allocations to make sure that any future increases are allocated correctly. Enter on line 1 of Part 2 the maximum GST exemption you are allowed. This will not necessarily be the highest indexed amount if you made no generation- skipping transfers during the year of the increase. The donor can apply this exemption to inter vivos transfers that is, transfers made during the donor's life on Form 709. The executor can apply the exemption on Form 706 to transfers taking effect at death. An allocation is irrevocable. In the case of inter vivos direct skips, a portion of the donor's unused exemption is automatically allocated to the transferred property unless the donor elects otherwise. To elect out of the automatic allocation of exemption, you must file Form 709 and attach a statement to it clearly describing the transaction and the extent to which the automatic allocation is not to apply. Reporting a direct skip on a timely filed Form 709 and paying the GST tax on the transfer will prevent an automatic allocation. If you elect QTIP treatment for any gifts in trust listed on Schedule A, then on Schedule D you also may elect to treat the entire trust as non-QTIP for purposes of the GST tax. The election must be made for the entire trust that contains the particular gift involved on this return. Be sure to identify the item number of the specific gift for which you are making this special QTIP election. Line 5 Enter the amount of GST exemption you are applying to transfers reported in Part 3 of Schedule A. Section 2632 c provides an automatic allocation to indirect skips of any unused GST exemption. The unused exemption is allocated to indirect skips to the extent necessary to make the inclusion ratio zero for the property transferred. You may elect out of this automatic allocation as explained in the instructions for Part 3. Total the exemption allocations and enter this total on line 6. Where the property involved in such a transfer is subject to an ETIP because it would be includible in the donor's estate if the donor died immediately after the transfer other than by reason of the donor having died within 3 years of making the gift , an allocation of the GST exemption at the time of the transfer will only become effective at the end of the ETIP. For details, see Transfers Subject to an Estate Tax Inclusion Period ETIP , earlier, and section 2642 f. If you are a citizen or resident of the United States, you must apply any available applicable credit against gift tax. Nonresidents not citizens of the United States may not claim the applicable credit and should enter zero on line 7. If you are eligible to use a DSUE amount from a predeceased spouse or a Restored Exclusion Amount for taxable gifts to a same-sex spouse or both , complete Schedule C—Deceased Spousal Unused Exclusion DSUE Amount and enter the amount from line 5 of that schedule on line 7 of Part 2—Tax Computation. Determine the tentative tax on the applicable exclusion amount using the rates in the Table for Computing Gift Tax, and enter the result on line 7. You may not use an overpayment on Form 1040 to offset the gift and GST taxes owed on Form 709. You are not authorizing your return preparer to receive any refund check, to bind you to anything including any additional tax liability , or otherwise represent you before the IRS. If you want to expand the authorization of your return preparer, see Pub. The authorization will automatically end three years from the date of filing Form 709. If you wish to revoke the authorization before it ends, see Pub. Disclosure, Privacy Act, and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. We need the information to figure and collect the right amount of tax. Form 709 is used to report 1 transfers subject to the federal gift and certain GST taxes and to figure the tax, if any, due on those transfers, and 2 allocations of the lifetime GST exemption to property transferred during the transferor's lifetime. Our legal right to ask for the information requested on this form is found in sections 6001, 6011, 6019, and 6061, and their regulations. You are required to provide the information requested on this form. Section 6109 requires that you provide your identifying number. Generally, tax returns and return information are confidential, as stated in section 6103. However, section 6103 allows or requires the Internal Revenue Service to disclose or give such information shown on your Form 709 to the Department of Justice to enforce the tax laws, both civil and criminal, and to cities, states, the District of Columbia, and U. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. We may disclose the information on your Form 709 to the Department of the Treasury and contractors for tax administration purposes; and to other persons as necessary to obtain information which we cannot get in any other way for purposes of determining the amount of or to collect the tax you owe. We may disclose the information on your Form 709 to the Comptroller General to review the Internal Revenue Service. We may also disclose the information on your Form 709 to Committees of Congress; federal, state, and local child support agencies; and to other federal agencies for the purpose of determining entitlement for benefits or the eligibility for, and the repayment of, loans. If you are required to but do not file a Form 709, or do not provide the information requested on the form, or provide fraudulent information, you may be charged penalties and be subject to criminal prosecution. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 52 min. Learning about the law or the form 1 hr. Preparing the form 2 hr. Copying, assembling, and sending the form to the IRS 1 hr. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from. Or you can write to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224.