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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Forgot to file Form 709 gift tax return.

Customer Question

I forgot to file Form 709 (gift tax return) with my 1040. I don't owe any more money. Should I file an amended return or go some other way to submit Form 709?

Submitted: 5 years ago.
Category: Tax
Expert:  Jax Tax replied 5 years ago.

Did any gifts to any one person exceed the $13k exemption? If not, you do not need to file. If so or if you made a gift to a spouse or any gift that would be considered a future interest, yes you need to file. If you are required to file, then you must amend the 1040 regardless of the net effect. I hope this helps.

Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
Jax Tax and other Tax Specialists are ready to help you
Expert:  Lev replied 5 years ago.

You do not need to amend your 1040 tax return.

The gift tax return is a separate tax return. If you were required to file the gift tax return - simply do that now.

Here are forms - http://www.irs.gov/pub/irs-pdf/f709.pdf

Do not forget to sign the return. Do not file with your 1040 form - there is a different address for the gift tax return. File Form 709 at the following address -

Department of the Treasury

Internal Revenue Service Center

Cincinnati, OH 45999

See instructions for more details - http://www.irs.gov/pub/irs-pdf/i709.pdf

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