How Much Money Can You Legally Gift to Family Members?
Gifting money to family members can be a generous and thoughtful gesture, but it’s essential to understand the legal limits and implications associated with such gifts. Estate planning lawyers can provide valuable guidance on the rules and regulations governing gifting to family members. Let’s explore the key considerations:
Annual Gift Tax Exclusion
The Internal Revenue Service (IRS) allows individuals to gift a certain amount of money each year to another person without incurring gift tax. This is known as the annual gift tax exclusion. As of 2021, the annual gift tax exclusion is $15,000 per recipient.
For example, if you have two children, you can gift each child up to $15,000 per year without reporting the gift or paying any gift tax. The exclusion amount is per recipient, so if you have multiple family members you wish to gift, you can give each of them up to $15,000 annually without tax consequences.
Gift Tax and Lifetime Exemption
While the annual gift tax exclusion allows for tax-free gifting up to a certain amount, exceeding the limit triggers potential tax implications. If you give over $15,000 to a single recipient in a year, you must file a gift tax return with the IRS.
However, it’s important to note that even if you exceed the annual exclusion, you may not necessarily owe gift tax. The IRS provides a lifetime exemption known as the unified credit, which shields a certain amount of gifts from taxation. As of 2021, the lifetime exemption is $11.7 million per individual.
This means that gifts exceeding the annual exclusion are not immediately subject to tax, but they reduce the remaining portion of your lifetime exemption. Once you exceed the lifetime exemption amount, gift tax may apply. It’s advisable to consult with an estate planning lawyer to understand the specific tax implications based on your unique circumstances.
Considerations and Exceptions
While the annual gift tax exclusion provides a general guideline for tax-free gifting, there are additional considerations and exceptions to be aware of. These may include:
- Gifts made to a spouse are generally not subject to the gift tax.
- Qualified tuition or medical expenses are being paid directly to an educational or medical institution, exempt from gift tax.
- Giving gifts over the annual exclusion reduces your lifetime exemption and may have estate tax consequences upon your passing.
It’s essential to consult with an experienced estate planning lawyer who can assess your specific situation, provide personalized advice, and ensure compliance with relevant tax laws.
Consult an Estate Planning Lawyer
When it comes to gifting money to family members, understanding the legal limits and tax implications is crucial. Estate planning lawyers specialize in navigating these complexities and can help you develop an effective gifting strategy that aligns with your goals and maximizes tax benefits.
Morgan Legal Group PLLP offers comprehensive estate planning services and can provide the guidance you need. Contact us today to schedule a consultation and gain the confidence to make informed decisions regarding gifting to your family members.
How much money do you legally give as a gift to family members as per an estate planning lawyer?
