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Official form guide
IRS Form 709 is the United States Gift (and Generation‑Skipping Transfer) Tax Return used to report taxable gifts and compute any gift or GST tax for 2025, including the $19,000 annual exclusion and a 40% top tax rate.
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IRS Form 709 is the United States Gift (and Generation‑Skipping Transfer) Tax Return used to report taxable gifts and compute any gift or GST tax for 2025, including the $19,000 annual exclusion and a 40% top tax rate.
Plain English
Form 709 tells the IRS about gifts you gave during the year that may be subject to tax. It calculates any tax due, applies the annual $19,000 exclusion, and tracks the lifetime credit. If you and your spouse split gifts, each must file their own return.
Submission Date
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Donor is a nonresident alien not a U.S. citizen and gifts U.S. situs property
Required for nonresident, non‑citizen donors
✓ Verify donor residency status
Need an automatic 6‑month extension to file Form 709
Serves as extension request and payment voucher
✓ Confirm extension request is attached
Balance due on gift tax while requesting extension
Provides payment voucher for any tax due
✓ Ensure payment amount matches tax liability
The instructions do not provide a specific filing deadline. Check the IRS website or the form’s instructions for the exact due date and any extension rules.
Checklist
Line 21 – Digital Asset question
Yes/No answer on the form · Instructions p.7
Schedule A – Gifts to spouse
List of gifts and values · Instructions p.9
Schedule D Part 2 – GST exemption reconciliation
GST exemption allocation details · Instructions p.2
Trust attachment
Certified copy of trust instrument or brief description · Instructions p.12
Appraisal for real estate
Professional appraisal report · Instructions p.12
Field map
Decedent Info
2 items
Full legal name and date of death of the deceased individual.
Employer Identification Number assigned to the estate.
Executor
1 items
Name, address, and contact information of the appointed executor.
Assets
1 items
Total value of all assets owned by the decedent at time of death.
Deductions
1 items
Funeral expenses, debts, administrative costs, and charitable bequests.
Tax
1 items
Tax calculated on taxable estate exceeding the applicable exemption amount.
Signatures
1 items
The appointed executor must sign under penalty of perjury.
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Fillable formOpen in Editor->The edition/revision date is 20/25 and the instructions reference the latest information page at IRS.gov/Form709. The "What’s New" note mentions the addition of Modernized e-File (MeF) for electronic filing.
Quick Facts
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Do I need to report gifts to my spouse?
Spousal gifts may be excluded up to $190,000, but rules differ for non‑citizen spouses.
→ Check total spouse gifts against $190,000 threshold in Schedule A.
What if I gave a digital asset?
Line 21 requires a Yes/No answer; leaving it blank triggers rejection.
→ Mark Yes or No on line 21; do not leave blank.
Can I file a joint gift tax return with my spouse?
Instructions state a married couple may not file a joint return.
→ File separate Form 709 for each donor.
Which form do I use as a nonresident alien?
Form 709‑NA is for nonresident, non‑citizen donors.
→ Verify donor residency and use Form 709‑NA.
Do I need to attach a trust document for every trust transfer?
First transfer requires a certified copy; later transfers may use a brief description.
→ Attach certified copy for first transfer, description for subsequent transfers.
How do I request a filing extension?
Form 8892 serves as extension request and payment voucher.
→ Complete and attach Form 8892 before the original due date.
Workflow map
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Form 709 tells the IRS about gifts you gave during the year that may be subject to tax. It calculates any tax due, applies the annual $19,000 exclusion, and tracks the lifetime credit. If you and your spouse split gifts, each must file their own return.
Form 709 collects the donor’s identifying information in Part I, details of each gift on Schedule A, any spouse consent on Part III, and computes tax in Part II, including schedules B, C, and D as needed.
First, determine if a reportable gift was made in the calendar year. Next, list each gift on the appropriate part of Schedule A and, if applicable, complete Schedule B, C, or D. Then fill out Part I (lines 1‑21) and Part III for spouse consent, compute tax on Part II, and provide direct‑deposit information on lines 20b‑d if there is an overpayment. Finally, sign the return (and attach a Notice of Consent if a spouse is involved) before filing.
Spousal gifts may be excluded up to $190,000, but rules differ for non‑citizen spouses. Check total spouse gifts against $190,000 threshold in Schedule A.
Line 21 requires a Yes/No answer; leaving it blank triggers rejection. Mark Yes or No on line 21; do not leave blank.
Instructions state a married couple may not file a joint return. File separate Form 709 for each donor.
Form 709‑NA is for nonresident, non‑citizen donors. Verify donor residency and use Form 709‑NA.
First transfer requires a certified copy; later transfers may use a brief description. Attach certified copy for first transfer, description for subsequent transfers.
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