Tax Guru – Ker$tetter Letter

Q:

Subject: Tax free gift question

My grandmom gifts us money each year
12,000

For example we are all married but she does not gift the spouses

can she gift each grandchild 24,000 for example writer me the check for 24,000 because I am married?

But without it being written, handed to or directly given to the spouse in anyway?

Or does 12,000 have to be written in my name and 12,000 in my wife’s name?

A:

 The annual gift tax exclusion is currently $12,000 from any individual to any other individual.  I’m not clear how you came up with the idea of her being able to give $24,000 to one grandchild. That makes no sense.

If your grandmother wants to give $12,000 to you and another $12,000 to your wife, two separate checks would be the cleanest way to do this. Giving one $24,000 check to you would look too much like that was a gift to just you and would require her to file a Gift Tax return.

Gifts are completely tax free for the recipients and any tax or return filing requirements are the responsibility of the giver, your grandmother.  She should be working with her own personal tax and estate planning professionals to plan out the best strategies for her situation and goals for her family.

Good luck.  I hope this helps.

Kerry Kerstetter

Follow-Up:

thanks