The Annual Gift Tax Exclusion, Explained
Gift tax is one of the most misunderstood parts of the US tax code. The good news: almost no one ever actually pays it.
The 2024 annual exclusion: $18,000 per recipient
You can give up to $18,000 to any number of people in 2024 without filing a gift tax return or eroding your lifetime exemption. Married couples can give $36,000 per recipient.
What counts as a gift
- Cash, checks, wire transfers
- Stocks, bonds, real estate transfers
- Forgiven debts
- Below-market loans
- Paying someone's expenses (with exceptions below)
Three big exceptions that don't count as gifts
- Tuition paid directly to an educational institution — unlimited
- Medical bills paid directly to a provider — unlimited
- Gifts to your US citizen spouse — unlimited (non-citizen spouse: $185,000 in 2024)
Gift splitting for couples
Even if only one spouse writes the check, both can be treated as making the gift — doubling the per-recipient exclusion to $36,000. Requires filing Form 709 and consenting via election, even if no tax is due.
When you must file Form 709
- Gifts to one person over $18,000 in the year
- Gift splitting election
- Gifts of future interests (e.g., to a trust)
- Gifts of community property
Filing doesn't mean you owe tax — usually it just records use of your lifetime exemption.
The lifetime exemption: $13.61 million (2024)
Gifts over the annual exclusion eat into your lifetime exemption rather than triggering tax. The exemption is unified across gift and estate taxes — what you use during life reduces what's available at death. Scheduled to drop roughly in half after 2025 unless Congress extends.
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