Updated September 22, 2026 • Verify the current IRS instructions for the return year.
Use the free Windows trial to review the estate and gift tax preparation workflow before purchasing.
The basic difference
Form 706 is an estate tax return generally prepared after death by the executor or other responsible estate representative. Form 709 is a gift and generation-skipping transfer tax return used to report certain lifetime transfers and GST exemption allocations.
| Question | Form 706 | Form 709 |
|---|---|---|
| Primary event | Death and estate transfer | Lifetime gift or GST transfer |
| Taxpayer / filer | Estate / executor | Donor |
| Main records | Estate assets, deductions, elections, prior gifts | Current gifts, prior taxable gifts, elections and GST information |
| Timing | Generally tied to date of death | Generally tied to the calendar year of gifts |
Why the forms are connected
Prior taxable gifts reported on Form 709 can affect later transfer-tax computations, while Form 706 may include portability and GST considerations. Good record retention makes it easier to connect lifetime gift history with estate-tax preparation.
Which form should you use?
The facts and current tax law control. Do not select a return simply because a software or form name appears to fit. Review the current IRS instructions, filing thresholds, elections and transfer facts.
Official sources
Current LawFirmSoftware.com products
Estate and gift tax resources remain available for research, and Form 706 & 709 Estate & Gift Tax Software is now available as a $399 one-time Windows purchase.