What Are the Federal Gift and Estate Tax Advantages?

For federal gift tax purposes, Contributions to an Account are considered a gift from the contributor to the Beneficiary. If an Account Owner dies while there is a balance in the Account, the value of the Account is not includible in the Account Owner’s estate for federal estate tax purposes. An Account Owner’s contributions to an Account are eligible for the annual gift tax exclusion. For 2008, the annual exclusion is $12,000 per donee. This means that in 2008 you may contribute up to $12,000 to an Account without the Contribution being considered a taxable gift if you make no other gifts to the Beneficiary in the same year. In addition, if your total Contributions to an Account during a year exceed the annual exclusion for that year, you may elect to have the amount you contributed that year treated as though you made one-fifth of the Contribution that year, and one-fifth of the Contribution in each of the next four calendar years. You must make this election on your federal gift tax return Form 709.

This means that you may contribute up to $60,000 to an Account in 2008, without the Contribution being considered a taxable gift, provided that you make no other gifts to the Beneficiary in the same year or in any of the succeeding four calendar years. Moreover, a married contributor whose spouse elects on a federal gift tax return to have gifts treated as “split” with the contributor may contribute up to twice that amount ($120,000 in 2008) without the Contribution being considered a taxable gift, provided that neither spouse makes other gifts to the Beneficiary in the same year or in any of the succeeding four calendar years. The annual exclusion is indexed for inflation and therefore is expected to increase over time. See “Exhibit B – Tax Information.”