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I am trustee for my dad's ILIT. I am going to file a 709 but is there also a MA gift tax return? Which form is it?

Editor's Response

There is no MA gift tax, but whether the trust needs to file some form to acknowledge the gifts it made, I do not know.  However, you can try calling the Massachusetts Department of Revenue at 800-392-6089.  Good luck.

Gift Tax

There is no gift tax in Massachusetts, so there is no need to file anything with the state. Are you sure that you need to file a gift tax return at all (form 709)? If trust is structured (and administered) correctly, the donor is making a gift of a present interest to the beneficiaries of the trust. As such, as long as the value of the (2009) gift is less than $13,000, generally no gift tax return is due. There is no harm in filing the return - just wanted to save you some time and/or fees.
Attorney Peter Bernardin

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