On October 22, 2024, the IRS released Revenue Procedure 2024-40, setting inflation-adjusted tax figures for 2025. Among the changes: the annual gift tax exclusion increased from $18,000 to $19,000 per recipient.
What the Annual Exclusion Does
Any gift exceeding the annual exclusion in a given year is technically a "taxable gift" — meaning the excess must be reported on IRS Form 709 and counted against the donor's lifetime exemption. In 2025, the annual exclusion is $19,000 per recipient, per donor.
A married couple can combine exclusions — gift-splitting — to give $38,000 jointly to a single recipient without any filing requirement or reduction in lifetime exemptions. The exclusion applies to an unlimited number of recipients.
Gifts within the annual exclusion require no reporting and do not reduce the lifetime exemption.
The Lifetime Exemption in 2025
The unified federal estate and gift tax exemption is $13,990,000 per individual in 2025 (up from $13,610,000 in 2024). For married couples using portability, the combined shelter is $27,980,000.
Important context: The elevated exemption levels created by the Tax Cuts and Jobs Act of 2017 are currently scheduled to sunset after December 31, 2025, potentially reverting to approximately half the current level. As of this writing, no permanent legislative extension has been enacted.
When a gift to a particular recipient exceeds $19,000, the excess reduces the donor's remaining lifetime exemption. No gift tax is owed until the full lifetime exemption is exhausted.
Additional Exclusions: Tuition and Medical Payments
Direct payments made to a qualified educational institution for tuition — or directly to a medical provider for healthcare expenses — are excluded from gift tax under IRC § 2503(e). These are in addition to the $19,000 annual exclusion. Payment must go directly to the institution or provider.
The Stepped-Up Basis Consideration
When a donor gifts an appreciated asset — say, stock purchased for $10,000 now worth $50,000 — the recipient takes the donor's original carryover basis of $10,000. If the recipient later sells, capital gains tax applies to the full $40,000 of appreciation.
By contrast, assets transferred at death receive a stepped-up basis to fair market value on the date of death under current law. An heir who inherits that same $50,000 stock can sell it immediately with no capital gains tax on the prior appreciation.
For retirees holding highly appreciated assets, the choice between gifting during life versus allowing assets to pass through the estate can have substantial income tax consequences for recipients.
Annual Exclusion Gifts in Practice
The annual exclusion accommodates routine giving — to family members at graduations, weddings, or as regular support — without triggering reporting obligations. For those with taxable estates, annual exclusion gifts systematically reduce estate size. For those below the lifetime exemption, the exclusion confirms that giving up to $19,000 per recipient per year is legally uncomplicated.
IRS Publication 559 covers gift tax basics and is available at irs.gov.
Educational purposes only. Not financial, tax, or legal advice.
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