EA Part 1 · Specialized Returns for Individuals · Free Lesson

Gift Tax, GST, and Form 709

Free IRS Enrolled Agent SEE Part 1 (Individuals) lesson in Specialized Returns for Individuals. 21 min read, ~3,213 words.

A client wires $100,000 to a grandchild's trust and assumes silence is safe because no tax is due. Two separate transfer taxes and one return say otherwise.

The federal gift tax is a tax on property a person gives away while alive. Under IRC 2501, it applies to a completed, gratuitous transfer of property by an individual donor during life: the donor has fully let go of the property and didn't get fair value back. The donor, not the recipient, owes the tax and files any required Form 709.

The gift tax looks at the objective facts of a transfer, not the donor's motive, so donative intent isn't required. A transfer is a taxable gift when four elements are present:

Read the full lesson, free →
Worked examples and practice. Free with a free account, no card.

Common mistakes

Bottom line

Exam shortcut

Run every gift question through one four-step order: exclude (tuition, medical, spouse, charity), then apply the $19,000 annual exclusion, then split if both spouses consented, then apply the unified credit. Stem signals worth spotting instantly. "Paid directly to the university" means fully excluded and off the return. "Irrevocable trust" with no withdrawal right means future interest, so exclusion zero and return required.

The full lesson (about 3,213 words, 21 min read) adds 2 worked examples, all 6 common mistakes, a self-check, free in the app.

Learning objectives

Browse all free EA Part 1 lessons or jump into free EA Part 1 practice questions.