What is one requirement for a property to be considered a taxable gift?

A property is considered a taxable gift when it is transferred from one individual to another without receiving full consideration in return. This concept is crucial in understanding gift taxation because the Internal Revenue Service (IRS) aims to capture transfers that effectively reduce the donor’s taxable estate.

When a donor transfers property, if the value of what they receive in return is significantly less than the value of what they give away, it demonstrates that the transfer is a gift rather than a sale. The very nature of a gift implies that the donor intends to give something of value without expecting anything of equivalent value in return.

The other options presented do not align with this fundamental principle of gift taxation. For instance, the expectation of a return contradicts the concept of a gift itself, which is an unconditional transfer. Legal documentation, while sometimes prudent for clarity and formality, is not a requisite for a transfer to qualify as a taxable gift, and properties can be gifted informally without a written contract. Similarly, while charitable contributions may have different tax implications, the presence of a charity as the recipient is not a requirement for a property to be classified as a taxable gift. Therefore, the essence of a taxable gift hinges specifically on the transfer of property occurring for less than full consideration.