In 2024, Bob DeSmidt, 78, of Sioux City, Iowa, wanted to help his adult son buy a home in an area that was closer to his new job. DeSmidt, a retired chief financial officer for a construction company, could afford to help his son with the purchase, but the contribution he and his wife wanted to make exceeded the annual gift tax exclusion — the amount of assets that individuals can transfer to each recipient without filing a gift tax return or reducing their lifetime exemption for federal gift and estate tax.
The gift tax exclusion in 2024 was $36,000 for a married couple, or $18,000 per individual. The DeSmidts ended up giving their son more than $36,000 and filing a gift tax return with the IRS. But that doesn’t mean they had to pay tax on the gift, or that their assets will be subject to federal estate tax after they die.
In fact, it’s highly unlikely that will happen. The One Big Beautiful Bill Act, signed into law in 2025, permanently increased the federal exemption for gift and estate tax. For 2026, it’s $15 million per person, or $30 million for a married couple, and the exemption is indexed annually to inflation. DeSmidt says that while he and his wife are financially comfortable, their estate’s value is well below that threshold. Iowa has no estate tax, so state taxes aren’t a concern.
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Given such a large federal lifetime exemption, only the very wealthy — and extremely generous — gain a tax benefit by keeping their gifts within the annual exclusion. Using this strategy, they can reduce the size of their estate, limiting the amount of it that is subject to tax and preserving the full lifetime exemption amount. Any gifts that exceed the annual exclusion count against the lifetime exemption.
But even if you’re not among the ultra-wealthy and want to give away more than the annual exclusion, you’ll still have to file a gift tax return on Form 709 unless you meet certain exceptions, which we’ll discuss below. For 2026, the gift tax exclusion is $19,000 per person, or $38,000 for married couples.
Financial planners say De-Smidt’s situation isn’t unusual. Many of their clients want to help their children and grandchildren while they’re still alive, instead of making their heirs wait 30 or 40 years to inherit family wealth. “We don’t want to see our kids struggle when we can help them,” says Rose Price, a certified financial planner in Vienna, Va. In many cases, particularly when it comes to buying a house, they’d like to give away more than the annual exclusion.
Filing the gift tax form
If you’re convinced that your estate will never be worth $15 million (or $30 million if you’re married), you may be tempted to skip the hassle of filing Form 709 for gifts that exceed the annual exclusion. Financial planners say that’s a bad idea. There’s no guarantee that lawmakers won’t lower the federal estate and gift tax exemption in the future, exposing more families to estate taxes of up to 40%.
In addition, several states have much lower exemptions. Oregon, for example, has an estate tax exemption of $1 million, making planned gifting even more critical. Annual gifts within the federal exclusion are tax-free under Oregon law, and those gifts will reduce the size of your taxable estate while preserving your $1 million exemption.
Filing a gift tax return can also protect you from future audits, says Lawrence Pon, a CFP and certified public accountant in Redwood City, Calif. Once you file a gift tax return, the IRS has three years to audit it; if you don’t file, there is no statute of limitations on audits, he says. In addition, if you help a family member make a down payment on a home, the lender may request a gift tax return to confirm that money was a gift instead of a loan, Pon says.
Finally, by filing gift tax returns, you can track your lifetime giving, says Easton Price, a CFP in Irvine, Calif. That’s a useful estate-planning tool, particularly if you want to equalize the amount you give to children or beneficiaries, he says.
Bypassing the annual exclusion
If you’d like to avoid filing a gift tax return — or you’re worried about possible future changes to the lifetime estate and gift tax exemption — there are strategies you can employ to avoid the annual exclusion:
Make educational gifts. You can contribute an unlimited amount to a child, grandchild or other beneficiary’s tuition as long as the funds go directly to the educational institution.
Contribute to a 529 plan. Contributions to a 529 college-savings plan are considered gifts for federal tax purposes, which means they’re subject to gift tax requirements. However, you can front-load up to five years’ worth of annual contributions. For example, in 2026 you can contribute up to $95,000 to a child or grandchild’s 529 plan ($190,000 if you’re married and file jointly).
If you take advantage of this strategy, you can’t make additional contributions for the next five years without filing a gift tax return. In the meantime, however, you’re giving the money invested in the plan more time to grow and compound, while reducing the size of your estate — a smart strategy if you live in a state with an estate tax.
ONCE YOU FILE A GIFT TAX RETURN, THE IRS HAS THREE YEARS TO AUDIT IT; IF YOU DON’T FILE, THERE IS NO STATUTE OF LIMITATIONS ON AUDITS.
Offer medical assistance. Want to help a family member with catastrophic medical bills? Payments made directly to the medical provider or insurer are exempt from gift taxes.
You could even give the recipient a debit card that’s designated to be used for medical expenses, says Jon Robertson, a CFP in Columbia, S.C. The expenses must qualify as deductible expenses under IRS rules, which include hospital bills, dental procedures and long-term care. As is the case with tuition payments, the money must go directly to the medical provider or insurer, not the family member.
Stagger your gifts. The gift tax exclusion restarts every year. With that in mind, you and your spouse could give an adult child $38,000 in December and the maximum for 2027 (which has not been announced) in January without triggering the requirement to file a gift tax return, says Catherine Valega, a CFP in Burlington, Mass.
Double up. Under federal rules, you can give up to the annual exclusion to as many people as you want without filing a gift tax return. So if you’d like to help an adult child make a down payment on a house, you and your spouse could give $38,000 to your child and another $38,000 to your child’s spouse this year, for a total of $76,000. That may not cover the entire down payment, especially in parts of the country with a high cost of living, but it’s a good start.
Note: This item first appeared in Kiplinger Personal Finance Magazine, a monthly, trustworthy source of advice and guidance. Subscribe to help you make more money and keep more of the money you make here.
