Loopholes > Federal > Automatic Gift Tax Return Extension
OTHER LOW SAVINGS INDIVIDUAL

Automatic Gift Tax Return Extension

IRC §6075(b)(2)

An extension of time granted for filing an individual income tax return is automatically deemed to be an extension for filing the gift tax return (Form 709) for the same calendar year.

Eligibility

Taxpayers who file for an extension of their individual income tax return (Form 1040) and have made reportable gifts during the year.

Frequently Asked Questions

Who is eligible for the Automatic Gift Tax Return Extension?

Taxpayers who file for an extension of their individual income tax return (Form 1040) and have made reportable gifts during the year.

How does the Automatic Gift Tax Return Extension work?

An extension of time granted for filing an individual income tax return is automatically deemed to be an extension for filing the gift tax return (Form 709) for the same calendar year.

What law authorizes the Automatic Gift Tax Return Extension?

The Automatic Gift Tax Return Extension is authorized under IRC §6075(b)(2) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6075

Source: Internal Revenue Code, Title 26, United States Code

§ 6075. Time for filing estate and gift tax returns(a) Estate tax returnsReturns made under section 6018(a) (relating to estate taxes) shall be filed within 9 months after the date of the decedent’s death. (b) Gift tax returns(1) General ruleReturns made under section 6019 (relating to gift taxes) shall be filed on or before the 15th day of April following the close of the calendar year. (2) Extension where taxpayer granted extension for filing income tax returnAny extension of time granted the taxpayer for filing the return of income taxes imposed by subtitle A for any taxable year which is a calendar year shall be deemed to be also an extension of time granted the taxpayer for filing the return under section 6019 for such calendar year. (3) Coordination with due date for estate tax returnNotwithstanding paragraphs (1) and (2), the time for filing the return made under section 6019 for the calendar year which includes the date of death of the donor shall not be later than the time (including extensions) for filing the return made under section 6018 (relating to estate tax returns) with respect to such donor. (Aug. 16, 1954, ch. 736, 68A Stat. 751; Pub. L. 91–614, title I, §§ 101(b), 102(d)(4), Dec. 31, 1970, 84 Stat. 1836, 1842; Pub. L. 94–455, title XX, § 2008(b), Oct. 4, 1976, 90 Stat. 1892; Pub. L. 96–167, § 8(a)–(c), Dec. 29, 1979, 93 Stat. 1277, 1278; Pub. L. 97–34, title IV, § 442(d)(3), Aug. 13, 1981, 95 Stat. 322; Pub. L. 107–16, title V, § 542(b)(3), June 7, 2001, 115 Stat. 83; Pub. L. 111–312, title III, § 301(a), Dec. 17, 2010, 124 Stat. 3300.)

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Legal Sources

US Code (Official) — 26 USC §6075 → Cornell Law Institute — 26 USC §6075 → Search IRS.gov for IRC §6075(b)(2) → Treasury Regulations (26 CFR) →
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