The annual gift tax exclusion lets you give up to $18,000 per person per year with no tax consequences
You can give $18,000 to as many people as you want in 2024 without filing a gift tax return or reducing your lifetime exemption. This amount is called the annual exclusion, and it resets on January 1 each year. The IRS adjusts this number annually for inflation, so it changes roughly every few years.
If you are married and your spouse agrees, you can each give $18,000 to the same person in the same year — meaning a married couple can give $36,000 to one child, one grandchild, or anyone else without tax consequences. This is called gift splitting, and it requires both spouses to consent, though you do not need to file anything special to use it.
The exclusion applies to gifts of money, property, investments, or anything else of value. It does not matter whether the recipient is a family member, a friend, or a stranger. What matters is the fair market value of what you gave on the date you gave it.
Key Takeaways
- You can give $18,000 per person per year in 2024 without any gift tax filing or consequences, and this amount increases with inflation.
- Married couples can give $36,000 per person per year by combining their exclusions, but both spouses must agree to split gifts.
- Gifts above the annual exclusion do not trigger a tax bill when ready — they reduce your lifetime exemption of $13.61 million instead.
- Certain gifts are never taxable: tuition paid directly to a school, medical expenses paid directly to a provider, and gifts to your spouse.
- You only file a gift tax return if you give more than the annual exclusion to one person in one year, even if no tax is owed.
What happens if you give more than $18,000 to one person
If you give $25,000 to your daughter in one year, the first $18,000 is covered by the annual exclusion. The remaining $7,000 does not trigger a tax bill — instead, it uses up $7,000 of your lifetime exemption, which is currently $13.61 million per person (or $27.22 million for a married couple). You will owe no federal gift tax unless you exhaust that lifetime exemption.
However, you must file Form 709 (United States Gift and Generation-Skipping Transfer Tax Return) to report the excess gift. Filing does not mean you owe tax; it means you are documenting that you used part of your lifetime exemption. Most people never exhaust their lifetime exemption, so the tax itself is rarely owed.
The lifetime exemption is set to drop to roughly $7 million per person on January 1, 2026, unless Congress changes the law. This does not affect gifts you make now — it only affects how much you can give away tax-free over your entire lifetime going forward.
Gifts that do not count toward the annual exclusion
Some gifts are never taxable, no matter the amount. If you pay a school or university directly for tuition, that payment is not a gift and does not count toward the $18,000 limit. The same applies to medical expenses: if you pay a hospital, doctor, or pharmacy directly for someone else's care, that payment is not taxable.
Gifts to your spouse are never taxable, even if they exceed $18,000 or $36,000. If your spouse is not a U.S. citizen, there is a separate annual exclusion of $185,000 for 2024, adjusted annually for inflation.
Gifts to political organizations and charitable organizations also fall outside the annual exclusion rules. If you donate to a may have access to charity, you may be able to deduct the donation on your tax return, though that is a separate benefit from the gift tax exclusion.
How to use gift splitting as a married couple
Gift splitting allows a married couple to treat a gift from one spouse as if it came equally from both. If you give $30,000 to your son and your spouse agrees to split the gift, each of you is treated as having given $15,000. Both amounts fall within the $18,000 annual exclusion, so no gift tax return is required.
You do not need your spouse's written permission or a formal agreement. However, if you file separate tax returns, you must both file Form 709 to report the split. If you file a joint return, you can report the split on a single Form 709.
Gift splitting is useful when one spouse has more income or assets and wants to give a large amount. It also doubles the amount you can give tax-free in a single year. If you are unsure whether your spouse will agree, ask before making the gift — you cannot split a gift retroactively.
Gifts that look like loans but are actually gifts
If you lend money to a family member without charging interest or with a very low interest rate, the IRS may treat it as a gift instead of a loan. The IRS publishes a minimum interest rate each month, called the Applicable Federal Rate (AFR). In 2024, this rate is roughly 5 percent for most loans.
If you lend money at a rate below the AFR, the difference between what you charged and what you should have charged is treated as a gift. For example, if you lend $50,000 at 2 percent interest when the AFR is 5 percent, the 3 percent difference counts as a gift and may use up part of your annual exclusion.
To avoid this, either charge the AFR or document the loan in writing with a promissory note that states the interest rate, payment schedule, and repayment terms. A written loan agreement is not required by law, but it protects you if the IRS questions whether the transaction was truly a loan.
Reporting gifts on your tax return
You do not report gifts on your Form 1040 (your main tax return). Gifts are not income to the recipient, so they do not appear on anyone's tax return as income. However, if you give more than the annual exclusion to one person in one year, you must file Form 709 with the IRS.
Form 709 is filed with your tax return (or separately if you do not file a return that year). It reports the gift, the recipient, the date, and the value. Filing does not mean you owe tax — it straightforward documents that you used part of your lifetime exemption. You file it even if no tax is owed.
If you give exactly $18,000 or less to each person in a year, you do not file Form 709 at all. Keep records of large gifts anyway, in case the IRS questions the value later.
State gift taxes and other rules
The federal government has a gift tax, but most states do not. Only a handful of states — North Carolina, Delaware, Connecticut, and Minnesota — have their own gift taxes. If you live in one of these states, you may owe state gift tax on top of federal gift tax, though the rules and thresholds vary by state.
If you give property instead of cash, the value is based on fair market value at the time of the gift. If you give stock, real estate, or artwork, you may need an appraisal to prove the value. Keep documentation of how you determined the value in case the IRS questions it later.
Gifts of future income or future property are not gifts for tax purposes. For example, if you promise to pay someone's college tuition next year, that promise is not a taxable gift. Only actual transfers of property or money count.
Frequently Asked Questions
Can I give $18,000 to multiple people without filing anything?
Yes. You can give $18,000 to as many different people as you want in one year without filing a gift tax return. The annual exclusion applies per recipient, not per year total. If you give $18,000 to your daughter, $18,000 to your son, and $18,000 to your grandchild, none of it requires a return.
Does my child have to pay taxes on a gift I give them?
No. Gifts are not income, so the recipient never pays income tax on a gift, no matter the amount. The tax, if any, falls on the giver. However, if the gift generates income later — such as interest on a savings account or dividends on stock — that income is taxable to the recipient.
What if I give someone $20,000 in one year and $16,000 the next year?
Each year is separate. In year one, $18,000 is covered by the exclusion and $2,000 uses your lifetime exemption. In year two, the full $16,000 is covered by the exclusion. You file Form 709 only for year one because you exceeded the annual exclusion that year.
Can I give my child money for a down payment on a house without gift tax?
Yes, up to $18,000 per year without filing. If you give more, the excess uses your lifetime exemption but does not trigger a tax bill. You must file Form 709 if you give more than $18,000 in one year, but no tax is owed unless you exhaust your $13.61 million lifetime exemption.
What is the difference between a gift and an inheritance?
A gift is given while you are alive; an inheritance is given after you die. Gifts use your lifetime exemption and may require filing Form 709. Inheritances are not subject to gift tax at all — they are subject to estate tax instead, which applies only to estates larger than $13.61 million in 2024.