If you gifted crypto in excess of the gift tax exclusion do you have to report it on the Form 709 United States Gift (and Generation-Skipping Transfer) Tax Return?
According to the IRS, the answer is yes.
The gift tax applies to transfers of digital assets. Digital assets are any digital representations of value that are recorded on a cryptographically secured distributed ledger or any similar technology. For example, digital assets include non-fungible tokens (NFTs) and virtual currencies, such as cryptocurrencies and stablecoins. If a particular asset has the characteristics of a digital asset, it will be treated as a digital asset for federal transfer tax purposes.
To determine if you need to file, you must calculate the exact U.S. dollar value of the crypto at the time the transfer was executed. For the 2026 tax year, the annual gift tax exclusion is $19,000 per recipient (this is unchanged from 2025). If you are married and elect to "split" the gift with your spouse, the threshold doubles to $38,000 per recipient, though you still must file Form 709 to officially make the gift-splitting election.
When you report a gift that exceeds the annual exclusion (e.g., giving $25,000 worth of Bitcoin to one person in 2026), the excess amount (in this case, $6,000) simply counts against your lifetime gift and estate tax exemption. For 2026, the lifetime exemption is $15 million per individual (or $30 million for married couples). You will not actually owe federal gift tax until your cumulative lifetime gifts exceed this massive threshold.
When filing Form 709 for a crypto transfer, you must substantiate the value of the digital asset. Because cryptocurrency markets operate 24/7 and prices are highly volatile, the IRS expects you to document the FMV based on the exchange rate at the specific date and time the transfer hit the blockchain. Keeping transaction IDs (TxHash) and timestamps from block explorers is a critical part of the record-keeping process to justify the valuation reported on the return.
While the donor is responsible for filing Form 709, the recipient does not have to report the gift as income. However, they will inherit your original cost basis or the FMV at the time of the gift (depending on whether it is later sold for a gain or a loss). Therefore, you must provide the recipient with your original acquisition records and the FMV on the date of the gift so they can accurately calculate their capital gains taxes when they eventually sell or dispose of the asset.
The donor should make sure to mark line 21 as yes, if crypto was gifted and reported on the gift tax return.