Asked in Tax Law for California

Q: If you are given a gift of money, do you have to pay tax on it.

Gift from family to Ca resident

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2 Lawyer Answers

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question depends on the amount of gift and the year in which it was made. For years 2014 and 2015, there is an annual exclusion of $14,000 per donee per year. Take a look at this IRS webpage for some detail http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes. Be sure to consult your own tax advisor to protect your legal rights.

A: If you give gift valued in excess of $14,000 for 2015, you must file a gift tax returns the IRS form 709. You can gift cumulative gifts up to $5,430,000 before having to pay the IRS any taxes. For the amounts in excess of this threshold (life time), you have to pay 40% taxes on the excess. Good luck. Zaher Fallahi, Tax Attorney, CPA.

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