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Q:  Where do I report gifts on the estate tax return?

A: 

If a gift was made within three years of the date of death and meets one of the four IRC provisions listed below, the gifts are added back into the value of the gross estate (reported on the appropriate schedule).

The IRC provisions are:

  1. 26 U.S.C. § 2036 - Transfers with retained life estate;
  2. 26 U.S.C. § 2037 - Transfers taking effect at death;
  3. 26 U.S.C. § 2038 - Revocable transfers; or
  4. 26 U.S.C. § 2042 - Proceeds of life insurance.


If a gift was made beyond three years of the date of death or does not meet one of the four IRC provisions listed above, the gifts are added back in on the Taxable Gifts line of the Federal Form 706 (or the Washington Estate Tax Return when filing thresholds differ and a federal return is not required to be filed).


More information
26 U.S.C. § 2036 - Transfers with retained life estate
26 U.S.C. § 2037 - Transfers taking effect at death
Washington Estate and Transfer Tax Return for deaths on or before May 16, 2005 (pdf)
26 U.S.C. § 2038 - Revocable transfers
26 U.S.C. § 2042 - Proceeds of life insurance
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