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If one spouse has considerable assets and the other spouse's assets are limited, can each spouse be treated as making a gift to someone even if the proceeds come from the assets of just one spouse?

Last Updated: February 02, 2012

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Yes. Each spouse may make an unlimited number of $13,000 gifts (2012 amount) of cash or other property each year to any one individual, completely free of gift tax. In addition, couples may combine their annual exclusions, meaning they can, together, give $26,000 per year (2012 amount) to each recipient. Even if the assets of only one spouse are actually used to make the gift, it is considered to have been made by both spouses if they both consent.

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