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26 U.S.C. § 2513 — Gift by husband or wife to third party
Federal law — U.S. Code and appendices · legal_authorities
**(a) Considered as made one-half by each**
(1) **In general** — A gift made by one spouse to any person other than his spouse shall, for the purposes of this chapter, be considered as made one-half by him and one-half by his spouse, but only if at the time of the gift each spouse is a citizen or resident of the United States. This paragraph shall not apply with respect to a gift by a spouse of an interest in property if he creates in his spouse a general power of appointment, as defined in section 2514(c), over such interest. For purposes of this section, an individual shall be considered as the spouse of another individual only if he is married to such individual at the time of the gift and does not remarry during the remainder of the calendar year.
(2) **Consent of both spouses** — Paragraph (1) shall apply only if both spouses have signified (under the regulations provided for in subsection (b)) their consent to the application of paragraph (1) in the case of all such gifts made during the calendar year by either while married to the other.
**(b) Manner and time of signifying consent**
(1) **Manner** — A consent under this section shall be signified in such manner as is provided under regulations prescribed by the Secretary.
(2) **Time** — Such consent may be so signified at any time after the close of the calendar year in which the gift was made, subject to the following limitations—
(A) The consent may not be signified after the 15th day of April following the close of such year, unless before such 15th day no return has been filed for such year by either spouse, in which case the consent may not be signified after a return for such year is filed by either spouse.
(B) The consent may not be signified after a notice of deficiency with respect to the tax
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Stable record: federal_law:legal_authorities:record_usc_9f320381ef094b16b4e97a94
Source file: Laws/federal/codes/united-states-code/title-26/section-2513-gift-by-husband-or-wife-to-third-party--5f5b498134.md
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Source location: Title 26, Chapter 12, § 2513; chapter-012-gift-tax.md
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**(a) Considered as made one-half by each**
(1) **In general** — A gift made by one spouse to any person other than his spouse shall, for the purposes of this chapter, be considered as made one-half by him and one-half by his spouse, but only if at the time of the gift each spouse is a citizen or resident of the United States. This paragraph shall not apply with respect to a gift by a spouse of an interest in property if he creates in his spouse a general power of appointment, as defined in section 2514(c), over such interest. For purposes of this section, an individual shall be considered as the spouse of another individual only if he is married to such individual at the time of the gift and does not remarry during the remainder of the calendar year.
(2) **Consent of both spouses** — Paragraph (1) shall apply only if both spouses have signified (under the regulations provided for in subsection (b)) their consent to the application of paragraph (1) in the case of all such gifts made during the calendar year by either while married to the other.
**(b) Manner and time of signifying consent**
(1) **Manner** — A consent under this section shall be signified in such manner as is provided under regulations prescribed by the Secretary.
(2) **Time** — Such consent may be so signified at any time after the close of the calendar year in which the gift was made, subject to the following limitations—
(A) The consent may not be signified after the 15th day of April following the close of such year, unless before such 15th day no return has been filed for such year by either spouse, in which case the consent may not be signified after a return for such year is filed by either spouse.
(B) The consent may not be signified after a notice of deficiency with respect to the tax for such year has been sent to either spouse in accordance with section 6212(a).
**(c) Revocation of consent** Revocation of a consent previously signified shall be made in such manner as in provided under regulations prescribed by the Secretary, but the right to revoke a consent previously signified with respect to a calendar year—
(1) shall not exist after the 15th day of April following the close of such year if the consent was signified on or before such 15th day; and
(2) shall not exist if the consent was not signified until after such 15th day.
**(d) Joint and several liability for tax** If the consent required by subsection (a)(2) is signified with respect to a gift made in any calendar year, the liability with respect to the entire tax imposed by this chapter of each spouse for such year shall be joint and several.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Taxable transfers**
(1) **General rule** — A tax, computed as provided in section 2502, is hereby imposed for each calendar year on the transfer of property by gift during such calendar year by any individual resident or nonresident.
(2) **Transfers of intangible property** — Except as provided in paragraph (3), paragraph (1) shall not apply to the transfer of intangible property by a nonresident not a citizen of the United States.
(3) **Exception**
(A) *Certain individuals* — Paragraph (2) shall not apply in the case of a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer.
(B) *Credit for foreign gift taxes* — The tax imposed by this section solely by reason of this paragraph shall be credited with the amount of any gift tax actually paid to any foreign country in respect of any gift which is taxable under this section solely by reason of this paragraph.
(4) **Transfers to political organizations** — Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization.
(5) **Transfers of certain stock**
(A) *In general* — In the case of a transfer of stock in a foreign corporation described in subparagraph (B) by a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer—
(i) section 2511(a) shall be applied without regard to whether such stock is situated within the United States, and
(ii) the value of such stock for purposes of this chapter shall be its U.S.-asset value determined under subparagraph (C).
(B) *Foreign corporation described* — A foreign corporation is described in this subparagraph with respect to a donor if—
(i) the donor
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Federal law — U.S. Code and appendices · legal_authorities
Page 2640
TITLE 26—INTERNAL REVENUE CODE
§ 2512
Pub. L. 107–16, title V, § 511(e), June 7, 2001, 115
Stat. 71; Pub. L. 107–147, title IV, § 411(g)(1), Mar.
9, 2002, 116 Stat. 46; Pub. L. 111–312, title III,
§ 302(e), Dec. 17, 2010, 124 Stat. 3302.)
Editorial Notes
AMENDMENTS
2010—Subsec. (c). Pub. L. 111–312 struck out subsec.
(c). Text read as follows: ‘‘Notwithstanding any other
provision of this section and except as provided in regu-
lations, a transfer in trust shall be treated as a transfer
of property by gift, unless the trust is treated as wholly
owned by the donor or the donor’s spouse under subpart
E of part I of subchapter J of chapter 1.’’
2002—Subsec. (c). Pub. L. 107–147 substituted ‘‘transfer
of property by gift,’’ for ‘‘taxable gift under section
2503,’’.
2001—Subsec. (c). Pub. L. 107–16 added subsec. (c).
1966—Subsec. (b). Pub. L. 89–809 inserted reference to
nonresidents who are excepted from the application of
section 2501(a)(2) and expanded section to include debt
obligations of United States persons or the United
States, a State or any political subdivision thereof, or
the District of Columbia.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–312 applicable to estates
of decedents dying, generation-skipping transfers, and
gifts made, after Dec. 31, 2009, see section 302(f) of Pub.
L. 111–312, set out as a note under section 2001 of this
title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–147 effective as if included
in the provisions of the Economic Growth and Tax Re-
lief Reconciliation Act of 2001, Pub. L. 107–16, to which
such amendment relates, see section 411(x) of Pub. L.
107–147, set out as a note under section 25B of this title.
EFFECTIVE DATE OF 20
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