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If my wife puts inherited money into our joint account, is it subject to a gift tax?

El Dorado Hills, CA |

The amount of the inheritance exceeds the statutory annual limit for gift tax exemption.

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Attorney answers 3


The annual limit is irrellevant. You can give as much as you want to your spouse without incurring gift tax.



Whew! It's a load off my mind. Thanks!


Mr. Wagner is exactly correct

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It is correct that the law provides that if your spouse is a U.S. citizen, then you can give any amount to your spouse without incurring any federal gift tax as long as the gift is of a present interest due to the unlimited marital deduction. However, it should be noted that if the receiving spouse isn't a U.S. citizen, then there is an annual exclusion limit for gifts of a present interest made to the noncitizen spouse.