Free 2008 Form 709 - Federal

Form

709

United States Gift (and Generation-Skipping Transfer) Tax Return
(For gifts made during calendar year 2008)

OMB No. 1545-0020

Department of the Treasury Internal Revenue Service

See separate instructions.
2 Donor's last name 3

2008
Donor's social security number 5 Legal residence (domicile)

1

Donor's first name and middle initial

4

Address (number, street, and apartment number)

6

City, state, and ZIP code

7

Citizenship (see instructions)

Part 1--General Information

8 9 10

If the donor died during the year, check here

and enter date of death

,

.

Yes

No

If you extended the time to file this Form 709, check here Enter the total number of donees listed on Schedule A. Count each person only once.

11a Have you (the donor) previously filed a Form 709 (or 709-A) for any other year? If "No," skip line 11b b If the answer to line 11a is "Yes," has your address changed since you last filed Form 709 (or 709-A)? 12 Gifts by husband or wife to third parties. Do you consent to have the gifts (including generation-skipping transfers) made by you and by your spouse to third parties during the calendar year considered as made one-half by each of you? (See instructions.) (If the answer is "Yes," the following information must be furnished and your spouse must sign the consent shown below. If the answer is "No," skip lines 13­18 and go to Schedule A.) Name of consenting spouse If 15 is "No," check whether married divorced or 14 SSN widowed/deceased, and give date (see instructions) Were you married to one another during the entire calendar year? (see instructions) Will a gift tax return for this year be filed by your spouse? (If "Yes," mail both returns in the same envelope.)
Consent of Spouse. I consent to have the gifts (and generation-skipping transfers) made by me and by my spouse to third parties during the calendar year considered as made one-half by each of us. We are both aware of the joint and several liability for tax created by the execution of this consent. Date

13 15 16 17 18

Consenting spouse's signature

1 2 3 4 5 6 7

Enter the amount from Schedule A, Part 4, line 11 Enter the amount from Schedule B, line 3 Total taxable gifts. Add lines 1 and 2 Tax computed on amount on line 3 (see Table for Computing Gift Tax in separate instructions) Tax computed on amount on line 2 (see Table for Computing Gift Tax in separate instructions) Balance. Subtract line 5 from line 4 Maximum unified credit (nonresident aliens, see instructions) Enter the unified credit against tax allowable for all prior periods (from Sch. B, line 1, col. C) Balance. Subtract line 8 from line 7 Enter 20% (.20) of the amount allowed as a specific exemption for gifts made after September 8, 1976, and before January 1, 1977 (see instructions) Balance. Subtract line 10 from line 9 Unified credit. Enter the smaller of line 6 or line 11 Credit for foreign gift taxes (see instructions) Total credits. Add lines 12 and 13 Balance. Subtract line 14 from line 6. Do not enter less than zero Generation-skipping transfer taxes (from Schedule C, Part 3, col. H, Total) Total tax. Add lines 15 and 16 Gift and generation-skipping transfer taxes prepaid with extension of time to file If line 18 is less than line 17, enter balance due (see instructions) If line 18 is greater than line 17, enter amount to be refunded

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 345,800 00

Part 2--Tax Computation
Attach check or money order here.

8 9 10 11 12 13 14 15 16 17 18 19 20

Sign Here

Under penalties of perjury, I declare that I have examined this return, including any accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than donor) is based on all information of which preparer has any knowledge. May the IRS discuss this return with the preparer shown below No (see instructions)? Yes Signature of donor Date Date Preparer's signature Firm's name (or yours if self-employed), address, and ZIP code Check if selfemployed Preparer's SSN or PTIN

Paid Preparer's Use Only

EIN Phone no. ( Cat. No. 16783M Form )

For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 12 of the separate instructions for this form.

709

(2008)

Form 709 (2008)

Page

2

SCHEDULE A
A B

Computation of Taxable Gifts (Including transfers in trust) (see instructions)
Yes No

Does the value of any item listed on Schedule A reflect any valuation discount? If "Yes," attach explanation

Check here if you elect under section 529(c)(2)(B) to treat any transfers made this year to a qualified tuition program as made ratably over a 5-year period beginning this year. See instructions. Attach explanation.
B Donee's name and address Relationship to donor (if any) Description of gift If the gift was of securities, give CUSIP no. If closely held entity, give EIN

Part 1--Gifts Subject Only to Gift Tax. Gifts less political organization, medical, and educational exclusions. (see instructions)
A Item number C D Donor's adjusted basis of gift E Date of gift F Value at date of gift G For split gifts, enter 1 / 2 of column F H Net transfer (subtract col. G from col. F)

1

Gifts made by spouse--complete only if you are splitting gifts with your spouse and he/she also made gifts.

Total of Part 1. Add amounts from Part 1, column H Part 2--Direct Skips. Gifts that are direct skips and are subject to both gift tax and generation-skipping transfer tax. You must list the gifts in chronological order.
B Donee's name and address Relationship to donor (if any) Description of gift If the gift was of securities, give CUSIP no. If closely held entity, give EIN G For split gifts, enter 1 / 2 of column F H Net transfer (subtract col. G from col. F)

A Item number

C 2632(b) election out

D Donor's adjusted basis of gift

E Date of gift

F Value at date of gift

1

Gifts made by spouse--complete only if you are splitting gifts with your spouse and he/she also made gifts.

Total of Part 2. Add amounts from Part 2, column H Part 3--Indirect Skips. Gifts to trusts that are currently subject to gift tax and may later be subject to generation-skipping transfer tax. You must list these gifts in chronological order.
A Item number B Donee's name and address Relationship to donor (if any) Description of gift If the gift was of securities, give CUSIP no. If closely held entity, give EIN C 2632(c) election D Donor's adjusted basis of gift E Date of gift F Value at date of gift G For split gifts, enter 1 / 2 of column F H Net transfer (subtract col. G from col. F)

1

Gifts made by spouse--complete only if you are splitting gifts with your spouse and he/she also made gifts.

Total of Part 3. Add amounts from Part 3, column H (If more space is needed, attach additional sheets of same size.)
Form

709

(2008)

Form 709 (2008)

Page

3

Part 4--Taxable Gift Reconciliation
1 2 3 4 5 6 7 8 9 10 11 Total value of gifts of donor. Add totals from column H of Parts 1, 2, and 3 Total annual exclusions for gifts listed on line 1 (see instructions) Total included amount of gifts. Subtract line 2 from line 1 Gifts of interests to spouse for which a marital deduction will be claimed, based on item numbers of Schedule A Exclusions attributable to gifts on line 4 Marital deduction. Subtract line 5 from line 4 Charitable deduction, based on item nos. Total deductions. Add lines 6 and 7 Subtract line 8 from line 3 Generation-skipping transfer taxes payable with this Form 709 (from Schedule C, Part 3, col. H, Total) Taxable gifts. Add lines 9 and 10. Enter here and on page 1, Part 2--Tax Computation, line 1 less exclusions 1 2 3

Deductions (see instructions) 4 5 6 7 8 9 10 11

Terminable Interest (QTIP) Marital Deduction. (See instructions for Schedule A, Part 4, line 4.) If a trust (or other property) meets the requirements of qualified terminable interest property under section 2523(f), and: a. The trust (or other property) is listed on Schedule A, and b. The value of the trust (or other property) is entered in whole or in part as a deduction on Schedule A, Part 4, line 4, then the donor shall be deemed to have made an election to have such trust (or other property) treated as qualified terminable interest property under section 2523(f). If less than the entire value of the trust (or other property) that the donor has included in Parts 1 and 3 of Schedule A is entered as a deduction on line 4, the donor shall be considered to have made an election only as to a fraction of the trust (or other property). The numerator of this fraction is equal to the amount of the trust (or other property) deducted on Schedule A, Part 4, line 6. The denominator is equal to the total value of the trust (or other property) listed in Parts 1 and 3 of Schedule A. If you make the QTIP election, the terminable interest property involved will be included in your spouse's gross estate upon his or her death (section 2044). See instructions for line 4 of Schedule A. If your spouse disposes (by gift or otherwise) of all or part of the qualifying life income interest, he or she will be considered to have made a transfer of the entire property that is subject to the gift tax. See Transfer of Certain Life Estates Received From Spouse on page 4 of the instructions. 12 Election Out of QTIP Treatment of Annuities Check here if you elect under section 2523(f)(6) not to treat as qualified terminable interest property any joint and survivor annuities that are reported on Schedule A and would otherwise be treated as qualified terminable interest property under section 2523(f). See instructions. Enter the item numbers from Schedule A for the annuities for which you are making this election

SCHEDULE B

Gifts From Prior Periods

If you answered "Yes" on line 11a of page 1, Part 1, see the instructions for completing Schedule B. If you answered "No," skip to the Tax Computation on page 1 (or Schedule C, if applicable).
A Calendar year or calendar quarter (see instructions) B Internal Revenue office where prior return was filed C Amount of unified credit against gift tax for periods after December 31, 1976 D Amount of specific exemption for prior periods ending before January 1, 1977 E Amount of taxable gifts

1 2 3

Totals for prior periods

1 2 3
Form

Amount, if any, by which total specific exemption, line 1, column D, is more than $30,000 Total amount of taxable gifts for prior periods. Add amount on line 1, column E and amount, if any, on line 2. Enter here and on page 1, Part 2--Tax Computation, line 2

(If more space is needed, attach additional sheets of same size.)

709

(2008)

Form 709 (2008)

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SCHEDULE C

Computation of Generation-Skipping Transfer Tax

Note. Inter vivos direct skips that are completely excluded by the GST exemption must still be fully reported (including value and exemptions claimed) on Schedule C. Part 1--Generation-Skipping Transfers
A Item No. (from Schedule A, Part 2, col. A) B Value (from Schedule A, Part 2, col. H) C Nontaxable portion of transfer D Net Transfer (subtract col. C from col. B)

1

Gifts made by spouse (for gift splitting only)

Part 2--GST Exemption Reconciliation (Section 2631) and Section 2652(a)(3) Election
Check here 1 2 3 4 5 6 if you are making a section 2652(a)(3) (special QTIP) election (see instructions) 1 2 3 4 5 6 7 8
G Applicable Rate (multiply col. E by col. F) H Generation-Skipping Transfer Tax (multiply col. B by col. G)

Enter the item numbers from Schedule A of the gifts for which you are making this election Maximum allowable exemption (see instructions) Total exemption used for periods before filing this return Exemption available for this return. Subtract line 2 from line 1 Exemption claimed on this return from Part 3, column C total, below Automatic allocation of exemption to transfers reported on Schedule A, Part 3 (see instructions) Exemption allocated to transfers not shown on line 4 or 5, above. You must attach a "Notice of Allocation." (see instructions) Add lines 4, 5, and 6

7

8 Exemption available for future transfers. Subtract line 7 from line 3 Part 3--Tax Computation
A Item No. (from Schedule C, Part 1) B Net transfer (from Schedule C, Part 1, col. D) C GST Exemption Allocated D Divide col. C by col. B E Inclusion Ratio (subtract col. D from 1.000) F Maximum Estate Tax Rate

1

45% (.45) 45% (.45) 45% (.45) 45% (.45) 45% (.45) 45% (.45)

Gifts made by spouse (for gift splitting only) 45% (.45) 45% (.45) 45% (.45) 45% (.45) 45% (.45) 45% (.45) Total exemption claimed. Enter here and on Part 2, line 4, above. May not exceed Part 2, line 3, above Total generation-skipping transfer tax. Enter here; on page 3, Schedule A, Part 4, line 10; and on page 1, Part 2--Tax Computation, line 16
Form

(If more space is needed, attach additional sheets of same size.)

709

(2008)