Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions

Form 709 2020 Instructions: Gift Tax Return Filing Guide

Filing Form 709 for Tax Year 2020 is essential for anyone who made significant financial gifts during that year. The form, officially titled the United States Gift (and Generation-Skipping Transfer) Tax Return, is used to report taxable gifts and track the use of an individual’s lifetime gift and estate tax exemption. It also helps the Internal Revenue Service (IRS) monitor transfers that may affect future estate tax obligations.

You must file Form 709 if you gave more than $15,000 to any one person in 2020, excluding gifts to a U.S. citizen spouse. The same applies if you made future interest gifts, generation-skipping transfers, or gifts to a non-citizen spouse over $157,000. Even if you don’t owe any federal gift tax, filing is still necessary to record the amount applied toward your lifetime exemption. Proper filing also prevents future discrepancies when calculating estate or exemption totals.

Because electronic filing was not available in 2020, all Form 709 returns must be printed, signed, and mailed to the IRS Service Center. Most taxpayers won’t owe gift tax because of the $11.58 million lifetime exemption, but accurate reporting is essential. The following sections provide complete Form 709 2020 instructions, offering clear, step-by-step guidance for individuals filing a federal gift tax return for the first time.

Understanding Federal Form 709

Form 709, also known as the United States Gift (and Generation-Skipping Transfer) Tax Return, reports money or property transfers that may be taxed by the Internal Revenue Service (IRS). It allows taxpayers and the IRS to document significant gifts and confirm compliance with federal reporting rules.

Its primary purposes include:

  • Reporting gifts above the annual limit: Required when total gifts to one recipient exceed the $15,000 annual exclusion for 2020.

  • Tracking lifetime exemption usage: Keeps a record of how much of the $11.58 million lifetime gift and estate tax exemption has been applied.

  • Recording generation-skipping transfers: Covers transfers made to grandchildren or others more than one generation below the donor.

  • Supporting IRS review: Maintains an official record of taxable and exempt transfers to ensure accurate reporting over time.

Filing Form 709 does not necessarily result in tax owed. It usually documents reportable gifts and tracks remaining exemption amounts for future estate considerations.

Who Needs to File Form 709?

Filing is required for the 2020 tax year in the following circumstances:

When Filing Is Required:

  • Gifts exceeding $15,000 were given to a single recipient (other than a U.S. citizen spouse).

  • Transfers involved future interests, where recipients cannot access the property immediately.

  • A non-citizen spouse received gifts totaling more than $157,000.

  • A generation-skipping transfer was made to grandchildren or other lower-generation beneficiaries.

When Filing Is Not Required:

  • All gifts remained within the annual exclusion amount.

  • Payments were made directly to educational institutions for tuition.

  • Payments went directly to medical providers for healthcare costs.

  • Gifts were made to qualified charities or political organizations.

For complete official guidance, visit the IRS Form 709 Instructions for 2020. Understanding these distinctions helps determine which transfers are reportable and ensures all applicable gifts are documented correctly in federal gift tax rules.

2020 Gift Tax Updates and Key Thresholds

The 2020 tax year included several critical limits and figures to calculate potential federal gift and generation-skipping transfer tax (GST) obligations. These thresholds help determine whether a Form 709 filing is required and how much of the lifetime exemption may be applied to reported gifts.

Key 2020 Gift Tax Limits:

  • Annual Exclusion: $15,000 per recipient. Gifts below this amount generally do not require filing.

  • Non-Citizen Spouse Exclusion: $157,000. Transfers up to this amount are excluded from gift tax reporting.

  • Lifetime Gift and Estate Tax Exemption: $11,580,000. This total covers all taxable gifts made during life and the value of an estate at death.

  • Maximum Gift Tax Rate: 40% on taxable transfers that exceed the available exemption.

Additional details for the year include:

  • Electronic filing for Form 709 was not available in 2020. All returns must be printed, signed, and mailed to the Internal Revenue Service (IRS).

  • The generation-skipping transfer tax rate also remained 40%, matching the gift tax rate.

  • Portability rules allowed surviving spouses to use any unused portion of a deceased spouse’s exemption, reported through the Deceased Spousal Unused Exclusion (DSUE).

Knowing these figures helps ensure accurate reporting and prevents unnecessary filings. Keeping track of annual and lifetime limits is also essential for long-term estate and gift tax planning.

Step-by-Step Instructions for Filing Form 709

These Form 709 2020 instructions explain how to correctly prepare, complete, and submit your federal gift tax return. Following these steps helps ensure compliance with the Internal Revenue Service (IRS) and reduces the risk of filing mistakes. Review the IRS Instructions for Form 709 (2020) for complete reference.

Step 1 – Gather Documentation

Before beginning, gather all information needed to complete the form accurately.

  • Collect details about each gift, including the date, description, fair market value, and donor’s adjusted basis.

  • List each recipient’s name, address, and relationship to the donor.

  • Include prior Forms 709, which are needed to complete Schedule B for prior year reconciliations.

  • Organize supporting documents, such as appraisals, trust instruments, or business agreements that verify the value of gifts.

Having these materials ready makes completing the form easier and confirms that all reportable gifts are adequately documented.

Step 2 – Complete Part 1: General Information

Part 1 of Form 709 collects identifying details and determines whether special rules apply. Enter the filer’s name, Social Security Number, address, and citizenship status. Indicate if prior gift tax returns were filed or an extension was granted.

If a married couple is electing to split gifts, check the box for gift splitting, list the spouse’s information, and obtain a signature of consent. Finally, confirm that the total number of donees listed in this section matches the total reported in Schedule A. Accuracy in this section ensures consistent information throughout the return.

Step 3 – Fill Out Schedule A: Computation of Taxable Gifts

Schedule A is the core of the filing process. It lists all reportable gifts made during 2020.

  • Record each gift separately with the recipient’s information, relationship, date of transfer, and fair market value on the gift date.

  • Identify whether the gift is a present or future interest—only present interests qualify for the $15,000 annual exclusion.

  • Deduct charitable or marital contributions where applicable, and total all taxable gifts in Part 4.

  • For split gifts, enter one-half of the gift’s value in the designated column.

Include a short note describing how non-cash assets, such as real estate or business interests, were valued. This section determines the taxable portion of your transfers and how much of the lifetime exemption is used.

Step 4 – Complete Part 2: Tax Computation

After determining the taxable amounts from Schedule A:

  • Add prior taxable gifts listed on Schedule B.

  • Calculate the tentative tax on the total of all gifts using the IRS tax table.

  • Subtract tax previously paid on gifts from earlier years.

  • Apply the 2020 unified credit to reduce or eliminate the balance due.

This process determines whether additional gift tax is owed or if there is an overpayment to carry forward.

Step 5 – Attach Schedules, Review, and Prepare for Mailing

Attach all required schedules and documents before submitting your return. This includes:

  • Schedule B: Prior year taxable gifts and credits applied.

  • Schedule C: Deceased Spousal Unused Exclusion (DSUE), if applicable.

  • Schedule D: Generation-Skipping Transfer (GST) tax computation.

Sign and date the return, attach payment if required, and review all entries for consistency. Ensure that each gift’s value reflects the actual date of transfer, not year-end estimates. A final review of totals and attachments confirms that the Form 709 2020 gift tax return is accurate and complete before mailing to the IRS.

How to File Federal Form 709

Filing Form 709 for the 2020 tax year requires careful preparation and submission to ensure the Internal Revenue Service (IRS) receives a complete and accurate return. Since electronic filing is unavailable this year, all returns must be mailed. Understanding where and how to send the form—and what deadlines apply—is essential for compliance.

Paper Filing Only for 2020

The IRS did not offer e-filing for Form 709 in 2020. Each return must be printed, signed, and mailed with any required payment or attachments. The mailing address depends on the delivery method:

  • Regular Mail:
    Department of the Treasury
    Internal Revenue Service Center
    Kansas City, MO 64999

  • Private Delivery Service (PDS):
    Internal Revenue Service
    333 W. Pershing Road
    Kansas City, MO 64108

If using a private delivery service, confirm that it appears on the IRS-approved list for “timely mailing as timely filing.” This list is available on the IRS website and ensures that delivery dates are honored for filing deadlines.

Filing Deadlines and Extensions

The regular due date for 2020 Form 709 filings was April 15, 2021, covering gifts made between January 1 and December 31, 2020. Filers unable to meet the original deadline could request an automatic six-month extension using:

  • Form 4868: Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

  • Form 8892: Application for Automatic Extension of Time to File Gift (and Generation-Skipping Transfer) Tax Return.

Even with an approved extension, any payment owed must be made by April 15 to avoid penalties or interest. The next business day applies if the due date falls on a weekend or federal holiday.

Before mailing, review all schedules, attach payment if required, and keep a signed copy for your records. Using certified mail or an approved courier provides proof of timely submission and safeguards your compliance with IRS filing rules for the 2020 tax year.

Payment and Penalty Information

Understanding how payments and penalties work under Form 709 helps maintain compliance and prevent costly errors. Most taxpayers owe no gift tax, but it’s still necessary to determine whether a gift tax liability exists before submitting the return.

When Payment Is Required

Gift tax applies only if the total value of taxable gifts exceeds the lifetime gift tax exemption, which was $11.58 million for 2020. Gifts qualifying for the annual gift tax exclusion of $15,000 per recipient generally do not reduce the exemption. 

Transfers involving only a partial interest, where the donor retains some benefit or control, may not qualify for the gift tax exclusion and must be reviewed carefully. These rules apply specifically for gift tax purposes and are separate from federal income tax obligations.

Payment Options

Payments may be made by:

  • Check or Money Order: Payable to “United States Treasury,” with “Form 709” and the tax year on the memo line.

  • Electronic Federal Tax Payment System (EFTPS): Recommended for faster, trackable payments.

Even with an approved extension, payment is still due by April 15, 2021, to avoid penalties.

Penalties and Interest

Late filing or payment can result in penalties up to 25% of the tax owed, with daily interest added until full payment is received. Filing a complete and timely gift tax return helps preserve lifetime records and prevent future issues involving gift and GST taxes.

Required Schedules and Attachments

Filing Form 709 accurately involves more than completing the main form—it also requires attaching the correct schedules and supporting documents. Each schedule serves a specific purpose to ensure that all gift recipients, transfers, and exemption amounts are reported adequately for the calendar year.

Schedule A – Computation of Taxable Gifts

Schedule A lists all reportable gifts made during the year. Each entry must include the recipient’s name, address, relationship to the donor, and a complete gift description. Gifts that qualify as tax-free, such as direct payments for medical expenses or tuition made to providers, do not need to be listed. 

However, sure gifts, such as future interests, must always be reported because they are not immediately available to the recipient and cannot be used as part of the annual exclusion.

Schedule B – Gifts From Prior Periods

Schedule B records taxable gifts reported in earlier years. It helps the IRS track how much of the lifetime exclusion has already been used. Keep copies of prior Forms 709 to ensure these amounts remain consistent.

Schedule C – Deceased Spousal Unused Exclusion (DSUE)

When one spouse dies, the survivor may use the deceased’s unused gift and estate tax exemption. This section applies when spouses file gift tax returns separately rather than a joint gift tax return. Attach supporting documentation, such as the spouse’s Form 706, to claim this benefit.

Schedule D – Generation-Skipping Transfer (GST) Tax

This schedule reports transfers to grandchildren or other skip persons. Include details about property, trust instruments, and exemption allocations.

Before mailing, attach appraisals, trust documents, or other legal papers that support gift valuations. If you pay gift tax or pay taxes with your return, include a check or payment voucher. Always file a gift tax return before the deadline; if the due date falls on a legal holiday, it is automatically extended to the next business day.

Gift givers who complete these schedules correctly ensure their entire interest in each transfer is properly documented for the IRS and maintain an accurate record of charitable gifts to specific exempt organizations and philanthropic donations for future reference.

Common Mistakes to Avoid

Avoiding frequent errors when filing Form 709 helps ensure timely processing and accurate recordkeeping. Below are key mistakes to watch for and how to correct them.

  • Reporting Non-Taxable Transfers: Some filers mistakenly include only gifts that do not meet reporting requirements. Direct payments to an educational organization for tuition or medical providers are excluded and should not appear on the form. Misreporting these can cause confusion or inaccurate totals.

  • Incorrect Spousal Reporting: Gifts to your spouse, a U.S. citizen, are generally unlimited and do not require filing. However, gifts to a non-citizen spouse have a separate annual limit that must be followed. Always confirm the correct exclusion before reporting marital transfers.

  • Incomplete or Missing Information: Leaving out donor details, recipient addresses, or gift values often leads to IRS rejections. Ensure every section is complete and signed. A single person should leave the spousal sections blank, while married individuals must file a separate return unless specific joint rules apply.

  • Late Filing or Missed Deadlines: Failing to meet deadlines—even if no tax is owed—can result in penalties. Returns for 2020 were due April 15, 2021, unless an extension created an extended due date.

  • Incorrect Mailing Address: Always use the following address listed in the official IRS instructions to avoid processing delays. Retain proof of mailing for your records to verify compliance and protect available exemptions for future years.

Zero-Activity or Dormant Year Guidance

Not every taxpayer needs to file Form 709 each year. A filing may not be required if no taxable gifts were made during the 2020 calendar year. However, it’s essential to understand when exceptions apply and when records should be maintained.

  • When Filing Is Not Required
    A return is unnecessary if all gifts were below the annual exclusion limit of $15,000 per recipient, consisted of tax-free gifts such as direct payments for tuition or medical expenses, or involved gifts to your spouse, a U.S. citizen. Transfers to political or charitable organizations are also excluded..

  • When Filing May Still Be Required
    Sometimes, filing is still required, even if no new gifts were made. Examples include allocating a generation-skipping transfer (GST) exemption, reporting late elections, or applying a Deceased Spouse Unused Exclusion (DSUE).

  • Recordkeeping for Dormant Years
    Maintain records of prior filings, valuations, and exemption usage even in years without reportable activity. Good documentation supports accurate lifetime tracking and simplifies future filings if large gifts or trust transfers occur later.

Proper record management during zero-activity years ensures continued compliance and prevents confusion when resuming filing in future tax years.

First-Time Filer Tips

Filing Form 709 for the first time can feel complex, but understanding the basics makes the process easier. Most first-time filers do not owe tax; the form primarily documents reportable gifts and tracks exemption usage under federal rules.

  • Understand Key Limits: The annual exclusion for the 2020 tax year was $15,000 per recipient, and the lifetime exemption was $11.58 million. These thresholds mean that most donors file only to report gifts exceeding the annual limit or to allocate exemption amounts—not to pay taxes.
  • Gather and Organize Records: Before you begin, collect all details: dates, recipient names, fair market values, and prior gift tax returns, if any. Retain receipts, appraisals, and transfer documents for your records. Accurate data ensures consistent reporting across multiple years.
  • Apply the Rules Correctly: Be sure to distinguish between present interest gifts, which qualify for the exclusion, and future interest gifts, which do not. For married couples, gift splitting can double the exclusion, but both spouses must file separate forms to record consent.

  • File Carefully and Early: Start preparation well before the deadline. Review totals, confirm signatures, and mail the form to the correct IRS address. Filing early reduces stress, ensures accuracy, and helps first-time filers build confidence in managing future gift reporting obligations.

Frequently Asked Questions (FAQs)

When does the annual gift tax exclusion require me to file a gift tax return?

A gift tax return is required when total gifts to one person exceed the annual gift tax exclusion of $15,000 for 2020. Although most taxpayers owe no tax, the excess reduces the lifetime exemption. Filing ensures the IRS properly tracks your reportable gifts and preserves accurate exemption records for future federal gift tax purposes.

Can I file Form 709 electronically for the 2020 tax year?

No, the IRS did not offer e-filing for Form 709 in 2020. All returns must be printed, signed, and mailed to the IRS Service Center. Always verify the current mailing address in the official instructions before sending your return. Paper filing with certified mail provides proof of timely submission and protects against potential filing disputes.

How does the annual exclusion apply to married couples?

Married couples who split gifts must each file a separate Form 709 for the same tax year. Both returns must list identical gift amounts and include signed consent to validate the election. This ensures the IRS correctly applies the annual exclusion to each spouse’s record and accurately tracks lifetime exemption usage for future filings and estate purposes.

What happens if a federal gift tax return is filed late?

Late filing may result in penalties up to 25% of the tax due and daily interest until payment is made. Even if no tax is owed, missing the deadline can delay exemption tracking or cause correspondence issues. Filing by the due date maintains compliance with federal gift tax rules and prevents unnecessary penalties or administrative delays.

Are charitable gifts subject to gift and GST taxes?

Generally, no. Gifts transferring your interest to qualified charities are exempt from gift and GST taxes. However, a gift tax return is required for split or partial-interest gifts involving charitable and non-charitable recipients. Reviewing these distinctions ensures proper reporting, accurate exemption tracking, and compliance with IRS charitable transfer guidelines under Form 709.

Frequently Asked Questions