Wednesday, December 24, 2014

Year-end gifts to family members

The first $14,000 of gifts ($28,000 for married couples who split gifts) made by a donor to each donee in calendar year 2014 is excluded from the amount of the donor's taxable gifts. (The exclusion remains at $14,000 for calendar year 2015.) These exclusions can save both transfer tax for the donor and family income taxes. A gift that qualifies for the exclusion is free of gift tax. Estate tax can be saved because both the value of the gift on the date of transfer and post-transfer appreciation (if any) in the value of the gift won't be included in the donor's estate. Family income tax savings can be realized where income-earning property is given to family members in lower income tax brackets.
Planners should remind individual clients that they have to act no later than Dec. 31 to take complete advantage of their 2014 annual exclusions. Unused annual exclusions can't be carried over and are forever lost.
A gift to a noncharitable donee that is made by check is complete on the earlier of:
... the date on which the donor has so parted with “dominion and control” under local law as to leave in the donor no power to change its disposition, or
... the date on which the donee deposits the check (or cashes the check against available funds of the donee) or presents the check for payment, if it is established that:
(1) the check was paid by the drawee bank when first presented to the drawee bank for payment;
(2) the donor was alive when the check was paid by the drawee bank;
(3) the donor intended to make a gift;
(4) delivery of the check by the donor was unconditional; and
(5) the check was deposited, cashed, or presented in the calendar year for which completed gift treatment is sought and within a reasonable time of issuance.
 AB Tax Accounting Recommendation: If a gift is made by check near the end of 2014 and the donor wants to take advantage of the exclusion this year, the donee should be urged to deposit the check before year-end, so that there's no doubt as to when the gift was made

These are just some of the year-end steps that can be taken to save taxes. Again, by contacting us, we can tailor a particular plan that will work best for you. We also will need to stay in close touch in the event Congress revives expired tax breaks, to assure that you don't miss out on any resuscitated tax saving opportunities.

We're here to help! For no obligation free consultation contact us today!

(651) 621-5777, (952) 583-9108, (612) 224-2476, (763) 269-5396

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