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I am considering giving a stock gift to my 19 year old son and the value is about $15,000. To avoid paying gift taxes, can I use gift splitting with my wife even though the stock is held in my name only or will I have to use a portion of my unified credit?

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Yes, you may use the marital consent on your annual Form 709 (US Gift Tax Return) where a spouse elects to treat all gifts as though made one-half by him/her. In fact, if the spouse has made no gifts directly and the donee exclusions exceed the split gifts, the consenting spouse will not require a gift tax return.

Depending on your age and plans to hold or sell the stock, you may want to gift cash to your son. That's another subject and don't hesitate to email if you would like to discuss.

HJ
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