In 2019 we plan to give $25,000 to our 26 yr old grandchild. All of our ready cash is in joint checking and savings accounts, with both names on the checks. Can we write one $25,000 check as a gift without having to file the gift tax return? If we have to write separate checks, must they be of equal amount. Is there anything relevant in the timing of the gifts if two checks must be written?
Gift splitting. If the decedent or his or her spouse made a gift to a third party, the gift can be considered as made one-half by the decedent and one-half by the decedent’s spouse. This is known as gift splitting. Both spouses must agree to split the gift and in the case of a deceased spouse, the personal representative will act on behalf of the decedent. If there is consent to split the gift, both spouses can apply the annual exclusion to one-half of the gift. For gifts made in 2018, gift splitting allows married couples to give up to $30,000 to a person without making a taxable gift. If a gift is split, both spouses must file a gift tax return to show an agreement to use gift splitting. Form 709 must be filed even if half of the split gift is less than the annual exclusion.
Example. Harold and his wife, Helen, agreed to split the gifts that they made during 2018. Harold gave his nephew, George, $21,000, and Helen gave her niece, Gina, $18,000. Although each gift is more than the annual exclusion ($15,000), by gift splitting they made these gifts without making a taxable gift. Harold’s gift to George is treated as one-half ($10,500) from Harold and one-half ($10,500) from Helen. Helen’s gift to Gina is also treated as one-half ($9,000) from Helen and one-half ($9,000) from Harold. In each case, because one-half of the split gift isn't more than the annual exclusion, it isn't a taxable gift. However, each of them must file a gift tax return.
The money in your joint account belongs to both of you. You, as a couple, can give your grandchild up to $30,000 this year and stay under the annual exclusion, paying no gift tax and not assessing anything against your lifetime Applicable Credit Amount. However, gifts over $15,000 that are split in this manner need to be reported on a gift tax return. You and your spouse will both need to file a Form 709.
I don't see anything that indicates that writing separate checks would get you out of the filing requirement.
A gift from a joint account is considered to be equally given from all account owners.
What if my spouse and I want to give away property that we own together?
You are each entitled to the annual exclusion amount on the gift. Together, you can give $22,000 to each donee (2002-2005) or $24,000 (2006-2008), $26,000 (2009-2012) and $28,000 on or after January 1, 2013 (including 2014, 2015, 2016 and 2017). In 2018 and 2019, the total for you and your spouse is $30,000.
I am not an accountant, but I interpret this to mean that a gift of jointly owned property, including from a joint account, is considered to be given 50% from each of the owners (assuming two owners). Therefore there is no need to file any gift tax form, because neither person has exceeded their annual exclusion. Not everyone agrees with this interpretation.