Taxes

Gift Tax

A federal tax on transfers made during your lifetime for less than full value, integrated with the estate tax system.

Gift tax exists to stop people from emptying their estates before death and escaping estate tax that way. It reaches any transfer where you give something and receive less than its value back — cash, property, an interest-free loan, a house sold to a child at a friendly price. The giver is responsible for the tax, not the person receiving, which reverses what most people expect.

In practice very few people ever pay it. An annual exclusion lets you give a set amount to each recipient every year with no filing and no consequence, to unlimited recipients. Above that, the excess is reported rather than paid — it counts against your lifetime exemption, reducing what passes tax-free at death. Both figures adjust over time.

Several categories sit outside the system entirely. Tuition and medical expenses paid directly to the institution or provider are excluded regardless of amount, gifts between spouses who are both US citizens are generally unlimited, and charitable gifts have their own treatment. The direct-payment requirement matters: writing the check to your grandchild rather than to the university changes the analysis.

Digital assets follow the same logic as anything else. Sending crypto to someone is a gift measured by its fair market value at the moment of transfer, and volatile assets make that timing consequential. If a transfer might exceed the annual exclusion, document the date and the value contemporaneously — reconstructing it later from a block explorer is unpleasant.

Frequently asked

Does the person receiving my gift have to pay tax on it?
No. Gift tax is the giver's obligation, and the recipient owes nothing on receipt. Where recipients do run into tax is later, when they sell. Gifted property generally carries your original cost basis rather than resetting to current value, so a long-held asset you gift can hand the recipient a large taxable gain when they eventually dispose of it — an outcome worth understanding before making the gift.
If I exceed the annual exclusion, do I actually write a check to the IRS?
Almost never. Exceeding the annual amount typically triggers a reporting requirement, not a payment. The excess is applied against your lifetime exemption, which shrinks the amount that will pass free of estate tax later. Actual out-of-pocket gift tax only arises once that lifetime amount is fully consumed, which is rare. The filing still matters though, because it is how the running total is tracked.
Is paying my grandchild's tuition a taxable gift?
Not if you pay the school directly. Tuition paid straight to an educational institution is excluded from gift tax entirely, with no cap and no effect on your exclusions. The same applies to medical expenses paid directly to a provider. Hand the money to the student to pay the bill themselves and the exclusion is lost — it becomes an ordinary gift. The payee on the check is the whole distinction.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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