§ 15310. Transfer of Separate Property Between Spouses.

(a) Transfers on or after January 1, 1981. If either spouse transfers separate property by gift to the other spouse on or after January 1, 1981, the transfer is not subject to the Gift Tax Law.

(b) Transfers on or after January 1, 1976 and before January 1, 1981. If either spouse transfers separate property by gift to the other spouse on or after January 1, 1976, and before January 1, 1981, one-half of the property so transferred is not subject to the Gift Tax Law. This exclusion, however, does not apply to any separate property or proceeds thereof which had been converted from community or quasi-community property (see Revenue and Taxation Code Section 15310(b) then in effect). In the latter case the entire separate property transferred by the donor spouse is subject to the Gift Tax Law. For this purpose, see Section 13805.

(c) Transfers prior to January 1, 1976. If either spouse transfers separate property to the other spouse by gift made prior to January 1, 1976, all of the property so transferred is subject to the Gift Tax Law.

HISTORY

1. Amendment filed 7-2-81; effective thirtieth day thereafter (Register 81, No. 27).

Note

Note: Authority cited: Section 16506, Revenue and Taxation Code. Reference: Section 15310, Revenue and Taxation Code.