Answer

Hello Vic,

Gift tax is not something that is determined by the states. There is a federal law which governs whether or not gift tax is due.

First, if and when gift tax is ever due, it is paid by the donor and not by the recipient of the gift. However, under current regulations, each taxpayer is allowed to give gifts in their lifetime of up to $1 million before any gift tax becomes due. This is part of what is called the Uniform Tax Credit Act.

In addition to the $1 million lifetime exemption, each individual is allowed to give annual gifts of up to $13,000 to any number of individuals, and those gifts do not even apply towards the lifetime exemption, nor do they need to be reported. Gifts which exceed the annual exclusion of $13,000 must be reported by the donor by filing Form 709 with the IRS to report the value of the gift. However, no tax is actually due unless that donor has already reached his $1 million lifetime limit. The amount reported then reduces that donor's remaining lifetime balance that he may give in non-taxable gifts.

I would assume that this property you plan to gift to your daughter exceeds the value of $13,000. If that is the case, you will need to file the Form 709 to report the value of the gift you are giving her. But no gift tax will be due unless you have already used up your entire $1 million lifetime exemption.

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Thank you Vic.