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Your first question about what isn’t considered a gift—gifts to your spouse—relates to gifts between spouses. Spouses are allowed to give gifts between them and won’t incur any gift tax. The section “Can I Avoid Paying Gift Taxes,” relates to gifts given by married couples to third parties. In this case, spouses are able to give a gift to a third party for twice the amount ($26,000) than they would be allowed to give as a single person ($13,000).

Your second question about the gift tax rate—whether it’s 35% or 0%—it’s 35%. The last line in the fourth section “Is There an Annual or Lifetime Limit” refers to the estate tax. Any amount that exceeds the lifetime limit is subject to both the estate tax—which is currently 0%—and the gift tax—which is 35%. We’ve added some additional information to that section to be more clear. Thank you for your questions!

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