Most people who give money to family members don't think of it as a taxable event. And for most gifts, they're right — it isn't. But the federal gift tax exists for a specific reason: to prevent wealthy people from avoiding estate taxes by simply giving everything away before they die. The rules around it are more nuanced than most people realize, and knowing them can save you from accidentally filing paperwork you don't need to file, or failing to file paperwork you do.
The Lifetime Exemption and Form 709
When you give more than $18,000 to any single person in a year, the excess counts against your lifetime gift and estate tax exemption — which is $13,610,000 in 2024. You don't owe gift tax immediately. Instead, you file Form 709 to report the excess gift, which reduces your remaining lifetime exemption.
Only when you've exhausted your lifetime exemption entirely do you start paying gift tax out of pocket. At that point, the rates mirror the estate tax: starting at 18% and reaching 40% on larger amounts. For most people, even those who give generously over a lifetime, reaching the $13.61 million threshold requires extraordinary wealth.
Consider Patricia, a 68-year-old retired executive in Chicago who wants to help her daughter buy a house. She gives $150,000 for the down payment. After the $18,000 annual exclusion, $132,000 counts as a taxable gift against her lifetime exemption. She files Form 709, her remaining exemption drops to $13,478,000, and she owes zero current gift tax. Her daughter receives $150,000 with no tax consequences on her end — recipients of gifts don't pay income tax on them.