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Official form guide
Form 708 is the IRS return used to report gift tax on property transferred to a spouse when the spouses are not both U.S. citizens. File it when the transfer exceeds the annual exclusion and the spouse is a non‑resident alien.
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Form 708 is the IRS return used to report gift tax on property transferred to a spouse when the spouses are not both U.S. citizens. File it when the transfer exceeds the annual exclusion and the spouse is a non‑resident alien.
Plain English
If you give a piece of property to your spouse and your spouse isn’t a U.S. citizen, the IRS wants to know about it. This form tells the IRS how much you gave and calculates any gift tax that may be due. It’s only needed when the gift is more than the yearly free amount.
Submission Date
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Glossary Terms
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Gift to citizen spouse
No special spouse rules
✓ Verify spouse citizenship first
Gift of cash under $17,000 (2024)
Annual exclusion covers it
✓ Confirm amount does not exceed limit
Transfer of real estate to non‑resident alien spouse
Property valuation required
✓ Obtain professional appraisal
The return is due the same day as the donor’s individual income‑tax return (including extensions). If the donor files a 2024 return by October 15, 2025, Form 708 must also be filed by that date. No separate deadline is published.
Checklist
Donor identification
Social Security number, address · Tax return, driver’s license
Spouse citizenship status
Passport or visa copy · Immigration documents
Property description
Deed, title, or contract · County recorder, brokerage statement
Fair market value
Professional appraisal · Appraisal report
Tax payment
Check or electronic payment receipt · Bank statement
Field map
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
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Fillable formOpen in Editor->Form 708 is currently available for the 2024 tax year. The IRS updates the form annually; verify the edition date before use.
Quick Facts
Downloads
Annual exclusion amount
Different each year
→ Look up the correct year’s limit
Spouse citizenship vs. residency
Non‑citizen but resident may be exempt
→ Confirm residency status
Property vs. cash gift
Form 708 is only for property
→ Use Form 709 for cash
Electronic filing availability
Not always offered
→ Check IRS e‑file page before preparing
Signature requirement
Some think a typed name suffices
→ Must be a handwritten signature
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