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South Carolina Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

State:
Multi-State
Control #:
US-01927BG
Format:
Word
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Description

Gift taxes are taxes that supplement the Estate Tax. Gift taxes are placed on gifts given away to any person while you are still living, so that you may not avoid estate taxes by making gifts of your estate. You may give up to $12,000 a year in cash or assets to an unlimited number of people each year without incurring gift tax liability, but the gifts must have no conditions attached. Married couples can give, as a couple, a $24,000 gift per year to as many people as they want. Under federal tax law, gifts totaling more than $12,000 to one person in one year are considered a taxable gift and generate a potential gift tax. It does not matter if you give one $13,000 gift or 13 gifts of $1,000 each, or one gift of $12,000 and a "birthday gift" of $1,000.


Gifts beyond the $12,000 limit (there is an exception for gifts that are directly paid by the gift giver for tuition and medical expenses) are considered "taxable gifts." Taxable gifts create liability for a gift tax. But gift tax is not due to be paid until you give away over $1,000,000 in your lifetime.

The South Carolina Declaration of Gift of Cash over a Period of Years with Splitting of Gift with Spouse is a legal document that allows individuals to declare their intention to gift cash to another person or organization over a specified period of time. This declaration is particularly useful for individuals who want to split the gift amount with their spouse, providing them with a convenient way to distribute funds and potentially reduce their overall tax liability. One type of South Carolina Declaration of Gift of Cash over a Period of Years with Splitting of Gift with Spouse is the annual gift declaration. This document outlines the specific amount of cash that will be gifted each year and details how the gift will be split between the individual making the declaration and their spouse. By declaring this gift and splitting it with their spouse, individuals can take advantage of the annual gift tax exclusion, which currently allows for tax-free gifting of up to a certain amount per recipient per year. Another type of declaration is the multi-year gift declaration. This document establishes the intention to gift a specific amount of cash over a designated number of years, with the gift being split between the individual making the declaration and their spouse. Multi-year declarations can be particularly beneficial for individuals who want to spread out their gifting over time or for those who want to make a significant charitable donation over several years while maximizing tax benefits. The South Carolina Declaration of Gift of Cash over a Period of Years with Splitting of Gift with Spouse typically includes important information such as the names and contact details of all parties involved, the specific amount of cash being gifted, the duration of the gift period, and how the gift will be split between the individual and their spouse. It is always advisable to seek legal counsel when preparing and executing such a declaration to ensure compliance with state laws and regulations. By utilizing the South Carolina Declaration of Gift of Cash over a Period of Years with Splitting of Gift with Spouse, individuals can effectively plan their charitable giving, potentially minimize tax burdens, and achieve their philanthropic goals while ensuring the financial security of their loved ones.

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FAQ

In 2021, you can give up to $15,000 to someone in a year and generally not have to deal with the IRS about it. In 2022, this increases to $16,000. If you give more than $15,000 in cash or assets (for example, stocks, land, a new car) in a year to any one person, you need to file a gift tax return.

If consent is provided to split gifts, all gifts made during the calendar year by either spouse must be split. If spouses do not want to split all gifts, gifts should be made in different calendar years. Example: Mary and Joe have made prior gifts in the past leaving them with unequal exclusion amounts.

In 2021, you can give up to $15,000 to someone in a year and generally not have to deal with the IRS about it. In 2022, this increases to $16,000. If you give more than $15,000 in cash or assets (for example, stocks, land, a new car) in a year to any one person, you need to file a gift tax return.

Key Takeaways. Gift splitting allows a married couple to gift twice as much as an individual without being subject to a gift tax. For the 2021 tax year, the annual gift exclusion is $30,000 for a couple. For 2022, this will increase to $32,000.

You must file a gift tax return to split gifts with your spouse (regardless of their amount) as described in Part 1General Information, later. If a gift is of community property, it is considered made one-half by each spouse.

Gift splitting allows a married couple to combine their individual gift tax exemptions to help enhance the benefits of tax-free gifting. This process is not automatic and the ability to split gifts requires that certain prerequisites are met, including the consent of both spouses on a filed federal gift tax return.

I.R.C. § 2513(a). PLANNING NOTE It will be possible to split some gifts but not others by making the gifts that you want to split before getting divorced, and then divorcing and making the gifts that you do not want to split thereafter.

To be eligible for gift-splitting, one spouse must be a U.S. citizen. Divorcing and remarrying. To split gifts, you must be married at the time of the gift. You're ineligible for gift-splitting if you divorce and either spouse remarries during the calendar year in which the gift was made.

If you give people a lot of money or property, you might have to pay a federal gift tax. But most gifts are not subject to the gift tax. For instance, you can give up to the annual exclusion amount ($15,000 in 2021) to any number of people every year, without facing any gift taxes.

Gift splitting is generally not allowed if the non-donor spouse receives or benefits from the gift, or if the non-donor spouse is given a general power of appointment over the gifted assets.

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South Carolina Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse