01/10/2014
SPOUSAL GIFTS AND THEIR TAXATION
A different set of rules are applied when an individual is giving a gift to their spouse. When doing so, two issues need to be addressed:
1. Is the spouse a US citizen?
2. Does the gift represent a future or present interest?
If you spouse is a US citizen, the law of unlimited marital deduction comes into play allowing you to gift any amount to her/him without incurring a federal gift tax as long as it represents a present interest. The concept of present versus future interest is fairly simple and states that the property is question should be entirely given to your spouse for their immediate right to use, without any strings attached. A gift made to a trust for the benefit of your spouse will therefore not qualify for the unlimited marital deduction since it represents a future interest to your spouse. Therefore, such a gift regardless of the fact that your spouse is a US citizen, is taxable and must be reported to the IRS.
If your spouse in not a citizen of the United States, the current annual gift exclusion amount on gifts made of present interest is $145,000 for the year 2014.To explain, a gift given to your spouse who is not a US citizen in the year 2014 will not be subject to federal gift tax if the value does not exceed $145,000 and it a gift of present interest.