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I contributed to 529. When do I file f709?

 
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tryingmybest



Joined: 04 Nov 2008
Posts: 10

PostPosted: Sat Nov 07, 2009 4:06 pm    Post subject: I contributed to 529. When do I file f709? Reply with quote

In Feb 2009 my wife and I contributed $124,000 to a 529 for our children. As I understand it, both my wife and I can file form 709 "United States Gift (and Generation-Skipping Transfer) Tax Return" to make a 5 year election. Because $124,000 is less than 2*5*$13,000 filing form 709 avoids using up our lifetime $1 million gift tax exemption.

When do I file form 709? Should I have filed it in Feb 2009? Should I file it before the end of the year? Or do I have before April 15 2010?
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BruceM



Joined: 08 Aug 2008
Posts: 618
Location: Manzanita, Oregon

PostPosted: Sat Nov 07, 2009 7:58 pm    Post subject: Reply with quote

You file in the year of the gift.
See p. 5 of the instructions for completing the 709 at

http://www.irs.gov/pub/irs-pdf/i709.pdf

BruceM
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sscritic



Joined: 06 Sep 2007
Posts: 2176

PostPosted: Sat Nov 07, 2009 8:57 pm    Post subject: Reply with quote

BruceM wrote:
You file in the year of the gift.
See p. 5 of the instructions for completing the 709 at

http://www.irs.gov/pub/irs-pdf/i709.pdf
Bruce:

I think you meant to say that you have to file a 2009 gift tax return for a gift given in 2009, but the return can't be filed until 2010.

Page 3 of the instructions you linked (column 3) state for gifts made in 2008:
Quote:
When To File
Form 709 is an annual return.
Generally, you must file the 2008 Form 709 no earlier than January 1, 2009, but not later than April 15, 2009.

You can also file for an extension; it is automatic if you file for an extension of your income tax return (page 4).
Quote:
Any extension of time granted for filing your calendar year 2008 federal income tax return will also automatically extend the time to file your 2008 gift tax return.

Page 5 describes split gifts, but I don't think that changes the filing date.
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tryingmybest



Joined: 04 Nov 2008
Posts: 10

PostPosted: Sat Nov 07, 2009 9:09 pm    Post subject: Reply with quote

Thanks for your answer.

I see now that for gifts made during calendar year 2009 I must file
the 2009 Form 709 no earlier than January 1, 2010, but not later
than April 15, 2010.

  1. http://www.unclefed.com/IRS-Forms/2006/i709.pdf
    For gifts made during calendar year 2006.
    When To File
    Form 709 is a annual return.
    Generally, you must file the 2006 Form 709 no earlier
    than January 1, 2007, but not later than April 16, 2007.
  2. http://www.unclefed.com/IRS-Forms/2007/i709.pdf
    For gifts made during calendar year 2007.
    When To File
    Form 709 is an annual return.
    Generally, you must file the 2007 Form 709 no earlier
    than January 1, 2008, but not later than April 15, 2008.
  3. http://www.unclefed.com/IRS-Forms/2008/i709.pdf
    For gifts made during calendar year 2008.
    When To File
    Form 709 is an annual return.
    Generally, you must file the 2008 Form 709 no earlier
    than January 1, 2009, but not later than April 15, 2009.
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