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BRIEF: Gift Tax Exemptions

  • Writer: Paul Premack
    Paul Premack
  • May 8, 2012
  • 1 min read

Question: In one of your recent columns you said that we can give/receive a gift of up to $5 million without paying taxes. I thought the gift allowance amount was $13,000 a year. What is the difference? – GF

Answer: There are two separate and distinct gift tax breaks.

The “annual exclusion” is $14,000 (in 2014). Gifts in one calendar year to an individual which total at or below that amount do not need to be reported to the IRS by the giver or by the receiver.

The “lifetime exemption” is $5.34 million (2014). Anytime you gift greater than $14,000 to an individual in a year, you must file a gift tax return with the IRS to report the gift. The lifetime exemption can then be claimed to offset the tax, so you pay no gift tax until you use up your $5.34 million exemption. Again, the receiver pays no tax on the amount received.

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A BRIEF is a short answer to a legal question.

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Paul Premack is a Certified Elder Law Attorney (CELA®) through the National Elder Law Foundation, with decades of experience helping individuals and families navigate estate planning and elder law. Licensed in both Texas and Washington, Paul advises clients on Estate Planning, Wills, Revocable Living Trusts, Durable Powers of Attorney, Medical Powers of Attorney, and Probate (probate limited to Bexar County, Texas at this time). Paul assists clients anywhere in Texas (San Antonio, Austin, Dallas, Houston) and anywhere in Washington State (South Puget Sound, Olympia, Lacey, Tumwater, Seattle, Aberdeen, Lakewood, Tacoma, Puyallup, Centralia, Vancouver, Federal Way). Clients value Paul’s clear, practical communication — he takes time to explain options in plain language, answers questions directly, and keeps matters moving with steady follow-through. Known for his dedication and responsiveness, Paul works to be available when clients need guidance and reassurance. He previously served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and remains an active NAELA member. Beginning in 1989, Paul also wrote a legal column for Hearst Newspapers around the USA. All our consultations are handled via Zoom or telephone, so you never have to leave home to work with Paul Premack. Paul is also Of Counsel with Premack Rogers Downs PC to handle estate planning clients.

 

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