Legal Definitions - gift-splitting election

A gift-splitting election is a tax strategy used by married couples to combine their annual gift-tax exclusions and make a gift to a third person. This means that both spouses treat the gift as being made one-half by each spouse, making the gift eligible for two annual exclusions instead of one. For example, if the annual exclusion is $15,000, a married couple can make a gift of up to $30,000 to a third person without incurring gift tax.

Example: John and Jane are married and want to give their son a gift of $25,000. They can make a gift-splitting election and treat the gift as if each of them gave $12,500, which is below the annual exclusion limit. This way, they can avoid paying gift tax on the gift.

This tax strategy is useful for married couples who want to make a large gift to a third person without incurring gift tax. By combining their annual exclusions, they can make a larger gift without having to pay taxes on it.