Federal Gift Tax and Charitable Gifting

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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You can give any amount – no matter how large – to a qualified charity completely tax-free. For example, if you own Real Estate that you gift outright to a charity, no Gift Tax is due. The value of what you transferred is included in the gross estate after your death but is 100% subtracted before the tax rates are applied.

What is a qualified charity? Typically it includes certain religious, educational, scientific or charitable organizations, fraternal societies, veterans’ associations, state and local governments.

If the only gifts you made during the year are deductible gifts to charities, you do not need to file Form 709 as long as you transferred your entire interest in the property to qualifying charities. If the transfer is only a partial interest, or a part of your interestwas transferred to someone other than a charity, you must still file a return and report all of your gifts to charities (Instructions to Form 709).

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