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Federal Gift Tax Rules

Are you planning on gifting money to a family member or friend? Do you want to know how much you can gift without paying taxes? Individuals contemplating giving a monetary gift may worry about rules and limits. Uncertainties of who pays the tax or what the amount of money one can give before it incurs often lead to questions which Experts are prepared to answer. Read below where Experts have answered federal gift tax questions for others.

If a couple uses this exclusion of $13,000 each, would this still affect Medicaid and food stamp benefits?

If a couple who is currently on state assistance for food stamps and Medicaid were to receive a gift of $13,000 each ($26,000 total) it would disqualify them from the state assistance. The gift amount would most certainly bring their family income above the 56% of the federal poverty level for the year and that would disqualify them for those benefits. Resources cannot exceed $1,000 for food stamps. For the children to be eligible for Medicaid the family income would need to be below the federal poverty level for that year.

In Florida, how should one give a limited tax free gift to a child?

Florida does not impose a gift tax. You may give your child the gift in any form cash, check, money order, etc. These taxes are paid by the donor and not the recipient. No matter what amount you choose to give your child would not incur any consequences. Gifts are not considered income either.

If a spouse gives their separated spouse and children money from retirement, does this tax apply?

Individuals that are the recipients of the monetary gifts do no pay taxes on that amount. The donor would be responsible for those, if applicable. The federal gift tax would not apply when a spouse gives money to their spouse. The gift to your children would also not carry a federal gift tax as it is below the $13,000 limit for a gift to be taxed.

Does the donor of a $10,000 gift to grandchildren have to pay taxes on this amount?

The federal gift tax would not be imposed on gifts to anyone if those gifts are $10,000. It does not matter who the gift is given to as long as each falls within the “per done exclusion” amount.

When gifting over the limit, can a person use their lifetime federal gift tax credit to avoid having to pay the tax?

Every individual is granted a lifetime taxable exclusion limit for granting gifts. Individual gifts over the limit would not be taxable if it does not surpass the lifetime exclusion amount. Even though you will not incur this tax on the amount that is over the individual gift amount you would be required to file a gift tax form to report your gifting.

Obtaining the correct information and knowing what the rules are can help when dealing with gifts that you are giving. Before you decide on gifting money to anyone, consult with a legal Expert online. Experts provide customized answers for each unique federal gift tax situation. 

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