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When does giving a gift “count” for tax year?
Based on past case law, a check made payable to qualified charity and delivered (e.g., placed in the mail on 12/31 would count as delivered as it is out of the hands of the donor) would fall under the "constructive receipt doctrine". However, for non-charitable gifts (e.g., gifts to family members) it is the date the check is cashed (honored by the receiving bank).  This is important as the annual gift exclusion is just that "Annual".  Therefore, if I gift my child $14,000 by writing a check on 12/31/2014 but they deposit it on 1/3/2015 then I have used my annual gift exclusion for 2015 and not 2014.  This means I could not gift them anything further in 2015. BTW the annual gift amount is for ALL gifts cash and non-cash.  Most people don't seem to realize this.  If I give $14,000 of cash to my child and then also give them Christmas gifts with a value of $1,000 I have exceeded my annual gift exclusion to that child.  Usually there are ways around this issue as I can give $14,000 to each and every person I want and if married my spouse can do the same.  This allows us to give $14,000 from each of us to each child plus $14,000 from each of us to their spouse if married and $14,000 from each of us to each of their children if they have any.