California Gift Tax: Everything You Need To Know

Gift-giving is a common practice rooted in generosity. However, when the value of these gifts reaches a certain threshold, the ramifications extend beyond goodwill and enter the world of potential tax consequences.

Understanding the details of gift and estate taxes is worthwhile for anyone looking to help others or leave a legacy behind. This is especially true if you live in a state like California where taxes are known to be on the higher end. This article will break down what you can expect to pay (or not pay) in gift taxes while living in the Golden State. 

What Are Gift And Estate Taxes?

Gift and estate taxes are imposed by the government when assets are transferred between individuals, either during a person’s lifetime or upon their death. The primary purpose of these taxes is to regulate the transfer of wealth across generations and to collect revenue on substantial transfers of money and property.

Gift Taxes: These apply when someone gives another person money or property during their lifetime without expecting anything in return at fair market value. Typically, the giver is responsible for covering any gift tax due.

Estate Taxes: These taxes are imposed on a deceased individual's estate prior to the distribution of assets to their heirs. Estate taxes are assessed on the overall value of the estate, which encompasses cash, real estate, and additional assets.

What Is Considered To Be A “Gift” For Tax Purposes?

In the context of gift and estate taxes, understanding what constitutes a "gift" is important for both the giver and the receiver. The Internal Revenue Service (IRS) defines a gift as any transfer of property or assets where the giver does not receive full equivalent value in return. This definition covers a wide range of transfers, making it important to recognize different scenarios that qualify as gifts for tax purposes. Gifts can include but are not limited to:

Cash Transfers: Direct money transfers with no expectation of repayment.

Property Transfers: Deeds to real estate, automobiles, or other physical assets handed over without compensation.

Stocks and Bonds: Transfers of securities that are not sold at market value.

Forgiveness of Debt: This occurs when a debt owed by someone is canceled without any compensation being provided in return.

Below-Market Sales: Selling an item for less than its fair market value can be considered a partial gift.

Are There Gift And Estate Taxes In California?

California follows the federal guidelines when it comes to gift and estate taxes, meaning it does not impose its own state-level gift or estate tax. However, residents and those owning substantial property in the state must still contend with federal gift and estate taxes. Understanding the rules governing these taxes at the federal level is essential for effective estate planning and wealth management.

Understanding The Annual Gift Tax Exclusion

A significant aspect of gift tax regulations is the annual exclusion. This exclusion permits any individual to transfer a specified sum of money or property to another person within a year without affecting the lifetime exemption or triggering any gift tax.

For 2024, this exemption is set at $18,000 per recipient. A person may give up to $18,000 to multiple individuals without facing federal gift tax obligations or the need to prepare a gift tax return.

This annual exclusion is adjusted periodically for inflation, which helps donors maintain their purchasing power when planning gifts. Couples can also combine their exclusions to double the amount they give to a single recipient without any gift tax implications. For instance, a married couple could jointly gift $36,000 to their child without any gift tax concerns.

The flexibility of the annual exclusion makes it a valuable tool for estate planning, allowing individuals to reduce their taxable estate each year strategically. It’s also a straightforward way for grandparents to contribute to their grandchildren’s education or for parents to help their adult children without facing cumbersome tax processes.

Understanding The Lifetime Gift And Estate Tax Exemption 

Apart from the annual exclusion, there is a significant relief provided by the lifetime gift and estate tax exemption. This exemption enables an individual to give away a specific amount of gifts throughout their entire lifetime without being subject to gift tax.

For 2024, the federal lifetime exemption stands at ~$13.61 million per individual. This figure is adjusted for inflation and may vary based on legislative changes.

The lifetime exemption is cumulative, meaning that it also includes the total value of the estate upon a person’s passing. As a result, if an individual uses a portion of their exemption for gifts during their lifetime, the remaining exemption can be used to reduce or eliminate estate taxes upon their death.

For Californians, managing this exemption is crucial, especially considering the high value of real estate and other assets that might be included in one’s estate. By strategically planning gifts throughout one's lifetime, individuals can significantly reduce their taxable estate, thus minimizing the estate tax burden that their heirs might face.

Please Note: The regulations introduced by the Tax Cuts and Jobs Act will conclude at the end of 2025. Therefore, from 2026 onwards, the thresholds for federal gift and estate taxes will revert to what they were before 2018, which is $5,000,000 per individual, with adjustments for inflation.

Gifting Strategies For Reducing Your Taxable Estate

When it comes to reducing the size of an estate, several effective strategies can be employed, taking full advantage of both annual and lifetime exemptions. By utilizing specific methods, individuals can significantly lower the taxable value of their estate while simultaneously providing financial support to their loved ones or favored charitable causes. Consider the following list of strategies:

Direct Tuition Payments: Payments made directly to an educational institution for someone’s tuition are exempt from gift taxes. This does not count against the annual or lifetime exemptions, making it an excellent strategy for grandparents or parents looking to support their descendants' education.

529 Plan Contributions: Contributions to a 529 education savings plan can be front-loaded for up to five years’ worth of gift exclusions without incurring a gift tax. This means an individual could theoretically contribute $80,000 at once (or $160,000 for married couples) without affecting their lifetime exemption.

Direct Medical Payments: Similar to tuition payments, direct payments for someone’s medical expenses are exempt from gift taxes if paid directly to the medical institution. This strategy can be particularly valuable in covering significant healthcare costs for loved ones without financial or tax penalties.

Donor-Advised Funds (DAFs): Donating to a DAF enables individuals to contribute to charity, obtain an immediate tax break, and subsequently suggest how grants should be distributed from the fund over time. This strategy not only decreases the size of an estate but also facilitates charitable giving in a financially savvy way.

Bequests and Testamentary Gifts: Gifts provided through wills or estates also present a strategic way to reduce your taxable estate. These gifts are deducted from the estate’s value before estate taxes are calculated, thereby potentially lowering the estate tax burden. Including charitable gifts can further decrease the taxable estate while fulfilling philanthropic objectives. These testamentary gifts provide a way to ensure that your legacy aligns with your personal values and long-term financial planning goals.

Please Note: These are only some of the gifting strategies you may have at your disposal. By working with the right financial advisors and estate planners, you can tailor a plan that fits your specific financial situation and goals, ensuring compliance with the law while maximizing the benefits of tax exemptions.

Let Us Help You With Your Gift And Estate Tax Planning

At Burton Enright Welch, our seasoned financial advisory team, rooted in California, is well-equipped to guide you through the intricacies of estate planning. We’re here to help you reduce the size of your estate tax and help you make sure more of your wealth gets passed on to your beneficiaries. 

Whether it involves making the most of the annual gift tax exclusion or planning for the lifetime exemption, our advisors are skilled at developing tailored estate planning strategies that align with your financial goals and legal requirements.

Additionally, our team is prepared to work closely with your existing estate planning attorney to improve coordination of financial strategies. If you do not have an attorney or seek additional expertise, our firm offers access to a vetted professional network, where we can recommend skilled attorneys who specialize in estate planning.

Don’t wait to take the first step of securing your financial legacy. We invite you to schedule some time with one of our expert advisors today. This meeting will be an opportunity to discuss your specific needs and start crafting an estate plan that meets your needs. Schedule your complimentary appointment now.

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