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Gift tax 2026: limits and do I need to file Form 709?

Direct answer: In 2026 you can give up to $19,000 to each person without filing a gift tax return. Give more and you file Form 709, but tax is owed only after your lifetime taxable gifts pass the $15,000,000 basic exclusion. Gifts to a U.S.-citizen spouse and tuition or medical bills paid directly don't count.

By the numbers: 2026: annual exclusion $19,000 per recipient; $194,000 for gifts to a spouse who isn't a U.S. citizen; basic exclusion (lifetime, shared with the estate tax) $15,000,000; GST exemption $15,000,000. Source: IRS Rev. Proc. 2025-32, sec. 2.14 and 4.42

“For calendar year 2026, the first $19,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts under § 2503 made during that year.” — IRS Rev. Proc. 2025-32, sec. 4.42(1)

Updated 2026-10-17

Quick Q&A
What is the gift tax limit for 2026?

The annual exclusion is $19,000 per recipient for 2026, the same as 2025 (IRS Rev. Proc. 2025-32). You can give that much to any number of people without filing. Married couples who split gifts can give $38,000 per person, but splitting requires a Form 709.

What is the lifetime gift and estate tax exemption in 2026?

The basic exclusion amount is $15,000,000 for 2026, up from $13,990,000 in 2025, under Public Law 119-21 (IRS). It is shared by lifetime taxable gifts and your estate, and is adjusted for inflation starting in 2027.

Do I pay tax if I give someone more than $19,000?

Usually not. You file Form 709 to report the amount over $19,000, and that amount is subtracted from your $15,000,000 lifetime basic exclusion. Gift tax is due only once your lifetime taxable gifts pass the exclusion. The donor, not the recipient, generally pays.

When is Form 709 due for 2026 gifts?

April 15, 2027 (Form 709 is due by April 15 of the year after the gift). An extension of time to file your income tax return also extends Form 709; otherwise use Form 8892. Neither extends the time to pay any gift tax.

Does paying someone's tuition or medical bills count as a gift?

Not if you pay the school or the medical provider directly. Tuition (not books, room or board) and qualifying medical care paid straight to the institution are excluded from gift tax and aren't reported on Form 709.

How much can I give my spouse tax-free?

Gifts to a spouse who is a U.S. citizen are generally unlimited through the marital deduction, with no return for outright gifts. For a spouse who isn't a U.S. citizen, the 2026 limit is $194,000 of present-interest gifts ($190,000 in 2025); above that, file Form 709.

Can I put more than $19,000 into a 529 plan?

Yes. You can elect on Form 709 to treat up to five years of annual exclusions ($95,000 at the current $19,000 exclusion) as made evenly over 5 years. A $100,000 gift with the election counts as $24,000 in year one: $5,000 over the limit plus one-fifth of $95,000.

As of Oct. 17, 2026 · 2026 amounts

Gift tax 2026: do I owe or just file?

Most gifts never need a form. In 2026 you can give up to $19,000 to each person, to as many people as you like, with nothing to file. Give one person more and you file Form 709, but the extra only counts against your $15,000,000 lifetime exclusion; tax is due only past that.

The math:

  • You give your son $25,000 in 2026: $25,000 - $19,000 = $6,000 taxable gift. File Form 709 by April 15, 2027. Tax due: $0; lifetime exclusion left $14,994,000.
  • You and your spouse give him $25,000 and elect to split it: each half is $12,500, under $19,000, so no taxable gift, but you still file Form 709 to split (your spouse consents on your return).

Sources: Rev. Proc. 2025-32 · Form 709 instructions · IRS gift tax FAQ

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Your roadmap

  1. Add up what you gave each person in the calendar year (cash, stock, crypto, property at fair market value).
  2. Leave out tuition or medical bills you paid straight to the school or provider, and gifts to a U.S.-citizen spouse.
  3. Anyone over $19,000? File Form 709 by April 15 of the next year. Splitting with a spouse, a 529 5-year election or a gift to a trust also need a return.
  4. Keep records of values and the donor's cost basis: the person you gave to generally keeps your basis when they sell (IRS).
  5. Large or complex gifts (a business, real estate, trusts, grandchildren): the IRS suggests a tax professional.

2026 gift and estate tax amounts

Amount20252026
Annual exclusion, per recipient$19,000$19,000
Married couple splitting gifts, per recipient$38,000$38,000
Gifts to a spouse who isn't a U.S. citizen$190,000$194,000
Basic exclusion (lifetime gifts + estate)$13,990,000$15,000,000
Basic credit amount (tax on the exclusion)$5,541,800$5,945,800*
Top gift and estate tax rate40%40%

Sources: Rev. Proc. 2025-32 · IRS: what's new · IRS gift tax FAQ · Form 709 instructions. *2026 credit computed by us with the IRS gift tax rate table ($345,800 + 40% of the amount over $1,000,000); the same math reproduces every credit amount in the IRS's 2011-2025 table. The 2026 Form 709 instructions weren't out when we checked.

Other 2026 estate and gift figures

Item2026Rev. Proc. 2025-32
Generation-skipping transfer (GST) exemption$15,000,000sec. 2.14
Covered gifts/bequests from a covered expatriate: tax applies only above$19,000sec. 4.42(3)
Gifts from certain foreign persons: reporting threshold (sec. 6039F)$20,573sec. 4.47
Special-use valuation (sec. 2032A): max decrease in farm/business real property value$1,460,000sec. 4.41
Estate tax paid in installments (sec. 6166): '2-percent portion' amount$1,940,000sec. 4.51

Annual exclusion and basic exclusion by year

Year of giftPer personCouple splitting
2011-2012$13,000$26,000
2013-2017$14,000$28,000
2018-2021$15,000$30,000
2022$16,000$32,000
2023$17,000$34,000
2024$18,000$36,000
2025$19,000$38,000
2026$19,000$38,000
Basic exclusion by year of death, 2011-2026
YearBasic exclusion
2026$15,000,000
2025$13,990,000
2024$13,610,000
2023$12,920,000
2022$12,060,000
2021$11,700,000
2020$11,580,000
2019$11,400,000
2018$11,180,000
2017$5,490,000
2016$5,450,000
2015$5,430,000
2014$5,340,000
2013$5,250,000
2012$5,120,000
2011$5,000,000

Source: IRS: what's new.

Gift tax rate table (Form 709)
Taxable amount overTax on that amountRate on the excess
$0$018%
$10,000$1,80020%
$20,000$3,80022%
$40,000$8,20024%
$60,000$13,00026%
$80,000$18,20028%
$100,000$23,80030%
$150,000$38,80032%
$250,000$70,80034%
$500,000$155,80037%
$750,000$248,30039%
$1,000,000$345,80040%

Applied to lifetime taxable gifts; the credit wipes out the tax up to the basic exclusion. Source: Form 709 instructions (Table for Computing Gift Tax).

Who must file Form 709

What isn't a taxable gift

529 plans: the 5-year election

When it's due, and what happens next

Tennessee and state gift taxes

Facts and arithmetic only, not tax or legal advice. Figures are from the IRS sources dated below. Trusts, gifts to grandchildren (generation-skipping), non-cash valuations and a late spouse's unused exclusion (DSUE) aren't modeled.

Sources & as-of dates

FAQ

What is the gift tax limit for 2026?

The annual exclusion is $19,000 per recipient for 2026, the same as 2025 (IRS Rev. Proc. 2025-32). You can give that much to any number of people without filing. Married couples who split gifts can give $38,000 per person, but splitting requires a Form 709.

What is the lifetime gift and estate tax exemption in 2026?

The basic exclusion amount is $15,000,000 for 2026, up from $13,990,000 in 2025, under Public Law 119-21 (IRS). It is shared by lifetime taxable gifts and your estate, and is adjusted for inflation starting in 2027.

Do I pay tax if I give someone more than $19,000?

Usually not. You file Form 709 to report the amount over $19,000, and that amount is subtracted from your $15,000,000 lifetime basic exclusion. Gift tax is due only once your lifetime taxable gifts pass the exclusion. The donor, not the recipient, generally pays.

When is Form 709 due for 2026 gifts?

April 15, 2027 (Form 709 is due by April 15 of the year after the gift). An extension of time to file your income tax return also extends Form 709; otherwise use Form 8892. Neither extends the time to pay any gift tax.

Does paying someone's tuition or medical bills count as a gift?

Not if you pay the school or the medical provider directly. Tuition (not books, room or board) and qualifying medical care paid straight to the institution are excluded from gift tax and aren't reported on Form 709.

How much can I give my spouse tax-free?

Gifts to a spouse who is a U.S. citizen are generally unlimited through the marital deduction, with no return for outright gifts. For a spouse who isn't a U.S. citizen, the 2026 limit is $194,000 of present-interest gifts ($190,000 in 2025); above that, file Form 709.

Can I put more than $19,000 into a 529 plan?

Yes. You can elect on Form 709 to treat up to five years of annual exclusions ($95,000 at the current $19,000 exclusion) as made evenly over 5 years. A $100,000 gift with the election counts as $24,000 in year one: $5,000 over the limit plus one-fifth of $95,000.

Not tax advice. Figures are republished from the IRS with dates; confirm with IRS.gov or a tax professional before acting.