New York, NY asked in Tax Law for New York

Q: I was unaware I needed to file gift tax returns for cash gifts I gave 2015 and 2016. Is there anything I can do now ?

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2 Lawyer Answers
Frank Huerta Jr
Frank Huerta Jr

A: You can and should file the gift tax returns. For the years you made the gifts, if you did not exceed the lifetime exclusion you would not owe the IRS any money however you are required to properly report gifts made in excess of the annual exclusion amount.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
  • Tax Law Lawyer
  • Albany, NY
  • Licensed in New York

A: While you're required to report all gifts exceeding the statutory floor, you won't actually owe any tax if you have not exceeded your lifetime maximum giving threshold. Otherwise, yes, you'll want to file any required returns, if not to proactively demonstrate that you are not liable for any tax - the worst thing you can do to prevent issues with the IRS is to not comply with mandatory filing and disclosure requirements.

When in doubt, consult with a CPA or tax attorney. Good luck!

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