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My wife and I want to gift to our son and daughter-in-law. They have a joint US account but are residing overseas, so sending checks for separate endorsement is not reasonable.

We can bank-transfer separate amounts from our joint account, but when they are deposited in their joint account there is no way to indicate that these are gifts to separate individuals. Is that an issue for gift tax rules ?

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No, you each need to fill out Form 709, and as long as you correctly indicate each gift from you and from your wife to each individual, you can gift up to $60,000 (2019 limit of $15,000 x 4) to them.

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    The point was to avoid having to file 709s. If we give 2 x $10,000 from a joint account to a joint account does this still require a 709 ? – Zayde Nov 14 '17 at 22:15
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    @Zayde review irs.gov/pub/irs-pdf/i709.pdf . This defines limits on gifts made per donee. Are you over that limit per donee? – Freiheit Nov 15 '17 at 14:35
  • @Zayde Why try to avoid the 709? – David Schwartz Jan 29 '18 at 9:37
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    @DavidSchwartz have you ever filled out form 709? – stannius Mar 21 at 16:28
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Make multiple transactions. To document it on your end, make them 4 separate transactions space them a couple of days apart. Use the ability to add a note to the transaction to say this is from parent A to Child X as a gift.

Because the money is going to a US bank, and because it is being done electronically (not as a big pile of cash) the receiving bank will not file paper work noting them as a series of suspicious transactions.

If you are under the annual limit, which in your situation is 56K for this, there is no need for you to file paperwork with the IRS.

  • This sounds a lot like structuring. How is intentionally splitting a single large payment into smaller payments to avoid filing declarations not structuring? – Freiheit Nov 15 '17 at 14:20
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    Structuring is about currency transactions. The source of the currency can't be traced. A transfer by check or by electronic transfer isn't a currency transaction. irs.gov/pub/irs-tege/fin104_ctr.pdf "Transaction in Currency. The physical transfer of currency from one person to another. This does not include a transfer of funds by means of bank check, bank draft, wire transfer or other written order that does not involve the physical transfer of currency." – mhoran_psprep Nov 15 '17 at 14:29
  • Oh I see. You are suggesting to split these into separate transactions for the purpose of tracking the transactions as individual gifts. That is not the same concept as structuring to avoid any single transaction of a certain size. By splitting these it makes it easier to account for the fact that the gifts to each donee were under the annual limit required for a Form 709. I understand now, thank you. – Freiheit Nov 15 '17 at 14:37

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