When Are Gift Tax Returns Due? Deadlines and Extensions

A gift tax return, Form 709, is used by individuals to report transfers of money or property that exceed a certain annual exclusion amount. The IRS uses Form 709 to track gifts, especially those potentially subject to gift or generation-skipping transfer (GST) taxes. Even if many gifts are not taxable due to annual exclusions or lifetime exemptions, reporting them helps the IRS monitor total lifetime taxable gifts. This ensures proper accounting against the unified credit, which applies to gift and estate taxes, preventing transfer tax avoidance.

General Filing Deadlines

The standard due date for filing Form 709 is April 15 of the year following the calendar year in which the gift was made. For instance, gifts made in 2024 would require a Form 709 to be filed by April 15, 2025. This aligns directly with the deadline for filing individual income tax returns, Form 1040, for most taxpayers.

Individuals must report all reportable gifts made within a calendar year on a single Form 709 for that year. This ensures a comprehensive record of transfers exceeding the annual exclusion amount ($18,000 per recipient for 2024 and $19,000 for 2025). Even if no gift tax is immediately owed due to the lifetime gift and estate tax exemption ($13.61 million per individual in 2024 and $13.99 million in 2025), filing Form 709 is still necessary to track the use of this exemption.

A gift tax return is required if an individual makes gifts exceeding the annual exclusion amount to any one person (excluding a U.S. citizen spouse). It is also necessary if spouses elect to “split” a gift, treating it as if each spouse made half, or if a gift involves a “future interest” where the recipient cannot immediately possess or enjoy the property. Although spouses cannot file a joint gift tax return, each spouse must file their own Form 709 if they split gifts. Failing to file a required gift tax return can result in penalties, even if no tax is due.

Automatic Extensions

An extension for filing an individual’s income tax return (Form 1040) automatically extends the due date for the gift tax return (Form 709). To obtain this extension, taxpayers file Form 4868. This single form extends the filing deadline for both the income tax return and the gift tax return to October 15.

While Form 4868 provides an automatic extension to file, it does not extend the time to pay any gift tax owed. Any estimated gift tax liability should still be paid by the original April 15 due date to avoid potential interest and penalties. If a taxpayer does not need an income tax extension but still requires more time to file Form 709, they can request an automatic six-month extension by filing Form 8892.

Specific Situations Impacting Deadlines

Certain circumstances can alter the standard due date for a gift tax return. If the April 15 due date falls on a Saturday, Sunday, or legal holiday, the deadline is automatically extended to the next business day. This ensures taxpayers have a full business day to meet their filing obligations.

The death of the donor also affects the filing deadline for Form 709. If a donor dies during the calendar year in which a gift was made, the executor or administrator of their estate is responsible for filing the gift tax return. The due date for this Form 709 is no later than the due date (including extensions) for the donor’s final federal estate tax return, Form 706. This rule coordinates the reporting of lifetime gifts with the estate’s overall tax obligations.

Correcting a Previously Filed Return

Taxpayers may need to correct a previously filed gift tax return by filing an amended return. This is done using Form 709-X. The purpose of Form 709-X is to modify information reported on an original Form 709, such as correcting the value of a gift, adjusting the amount of taxable gifts, or changing an election.

While there is no specific “due date” for an amended gift tax return, time limits exist for the IRS to assess additional tax and for taxpayers to claim a refund. Generally, the IRS has three years from the date an original Form 709 was filed to assess additional gift tax. This three-year period begins when the return is filed, provided the gift was adequately disclosed. If a gift is not adequately disclosed on the return, the statute of limitations may not begin to run, allowing the IRS to assess tax at any time. If a substantial amount (more than 25% of the total gifts) is omitted from the return, the statute of limitations extends to six years.