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Title 26 — Internal Revenue Code

Chapter 12 — Gift Tax

§ 2513. Gift by husband or wife to third party

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 406 · 68A Stat. 406

    Enacted · 26 U.S.C. § 2513

    Aug. 16, 1954, ch. 736, 68A Stat. 406

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 406

  2. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(A) · 84 Stat. 1836

    Substituted · 26 U.S.C. § 2513(a); 26 U.S.C. § 2513(b)(2)

    Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(2). Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”.

    Enacted provision · exact public law section
    (A) Section 2513 is amended by striking out “calendar year” each place it appears and inserting in lieu thereof “calendar quarter”.

  3. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(B) · 84 Stat. 1836

    1. Substituted · 26 U.S.C. § 2513(b)(2)(A)

      Pub. L. 91–614, § 102(b)(2)(B), substituted “the 15th day of the second month” for “the 15th day of April”

    2. Substituted · 26 U.S.C. § 2513(b)(2)(A)

      Pub. L. 91–614, § 102(b)(2)(B), substituted “such calendar quarter” for “such year”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 91–614, § 102(b)(2)(B), substituted “the 15th day of the second month” for “the 15th day of April” and substituted “such calendar quarter” for “such year”.

    Enacted provision · exact public law section
    (B) Subparagraph (A) of subsection (b)(2) of section 2513 is amended to read as follows: “(A) the consent may not be signified after the 15th day of the second month following the close of such calendar quarter, unless before such 15th day no return has been filed for such calendar quarter by either spouse, in which case the consent may not be signified after a return for such calendar quarter is filed by either spouse;”.

  4. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(C) · 84 Stat. 1836

    Substituted · 26 U.S.C. § 2513(b)(2)(B)

    Pub. L. 91–614, § 102(b)(2)(C), substituted “such calendar quarter” for “such year”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 91–614, § 102(b)(2)(C), substituted “such calendar quarter” for “such year”.

    Enacted provision · exact public law section
    (C) Subparagraph (B) of subsection (b)(2) of section 2513 is amended by striking out “such year” and inserting in 68A Stat. 406. 26 USC 2513. lieu thereof “such calendar quart er”.

  5. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(A) · 84 Stat. 1836

    Substituted · 26 U.S.C. § 2513(c)

    Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”.

    Enacted provision · exact public law section
    (A) Section 2513 is amended by striking out “calendar year” each place it appears and inserting in lieu thereof “calendar quarter”.

  6. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(D) · 84 Stat. 1836

    Substituted · 26 U.S.C. § 2513(c)(1)

    Pub. L. 91–614, § 102(b)(2)(D), substituted “15th day of the second month following the close of such calendar quarter” for “15th day of April following the close of such year”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 91–614, § 102(b)(2)(D), substituted “15th day of the second month following the close of such calendar quarter” for “15th day of April following the close of such year”.

    Enacted provision · exact public law section
    (D) Subsection (c) of section 2513 is amended by striking out “15th day of April following the close of such year” and inserting in lieu thereof “15th day of the second month following the close of such calendar quarter”.

  7. Excise, Estate, and Gift Tax Adjustment Act of 1970

    Pub. L. 91–614 § 102(b)(2)(A) · 84 Stat. 1836

    1. Substituted · 26 U.S.C. § 2513(d)

      Pub. L. 91–614, § 102(b)(2)(A), (E), substituted “calendar quarter” for “calendar year”

    2. Substituted · 26 U.S.C. § 2513(d)

      Pub. L. 91–614, § 102(b)(2)(A), (E), substituted “such calendar quarter” for “such year”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 91–614, § 102(b)(2)(A), (E), substituted “calendar quarter” for “calendar year” and “such calendar quarter” for “such year”.

    Enacted provision · exact public law section
    (A) Section 2513 is amended by striking out “calendar year” each place it appears and inserting in lieu thereof “calendar quarter”.

  8. Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520

    Struck · 26 U.S.C. § 2513(b)(1); 26 U.S.C. § 2513(b)(c)

    Pub. L. 94–455 struck out “or his delegate” after “Secretary”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

    Enacted provision · exact public law section
    (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

  9. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 442(b)(2)(A) · 95 Stat. 175

    Substituted · 26 U.S.C. § 2513(a)(1); 26 U.S.C. § 2513(a)(2)

    Pub. L. 97–34, § 442(b)(2)(A), substituted “calendar year” for “calendar quarter”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 97–34, § 442(b)(2)(A), substituted “calendar year” for “calendar quarter”.

    Enacted provision · exact public law section
    (A) Section 2518(a) is amended by striking out “calendar quarter” each place it appears and inserting in lieu thereof “calendar year”.

    Effective date note
    Amendment by Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

  10. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 442(b)(2)(B) · 95 Stat. 175

    1. Substituted · 26 U.S.C. § 2513(b)(2)

      Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “calendar year” for “calendar quarter”, in subpar. (A)

    2. Substituted · 26 U.S.C. § 2513(b)(2)

      Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “The consent” for “the consent” “such calendar quarter”

    3. Substituted · 26 U.S.C. § 2513(b)(2)

      Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “15th day of April following the close of such year” for “15th day of the second month following the close of such calendar quarter” “such calendar quarter”

    4. Substituted · 26 U.S.C. § 2513(b)(2)

      Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “such year” for “such calendar quarter” “such calendar quarter”

    5. Substituted · 26 U.S.C. § 2513(b)(2)

      Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “such year” for “the consent” “such calendar quarter”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “calendar year” for “calendar quarter”, in subpar. (A), substituted “The consent” for “the consent”, “15th day of April following the close of such year” for “15th day of the second month following the close of such calendar quarter”, and “such year” for “such calendar quarter” in two other places, and in subpar. (B) substituted “The consent” and “such year” for “the consent” and “such calendar quarter”.

    Enacted provision · exact public law section
    (B) Paragraph (2) of section 2513(b) is amended by striking out “calendar quarter” in the matter preceding subparagraph (A) and inserting in lieu thereof “calendar year”.

    Effective date note
    Amendment by Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

  11. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 442(b)(2)(E) · 95 Stat. 175

    1. Substituted · 26 U.S.C. § 2513(c)

      Pub. L. 97–34, § 442(b)(2)(E), in provision preceding par. (1) substituted “calendar year” for “calendar quarter”

    2. Substituted · 26 U.S.C. § 2513(c)

      Pub. L. 97–34, § 442(b)(2)(E), in provision preceding par. (1) substituted “15th day of April following the close of such year” for “15th day of the second month following the close of such quarter”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–34, § 442(b)(2)(E), in provision preceding par. (1) substituted “calendar year” for “calendar quarter” and in par. (1) “15th day of April following the close of such year” for “15th day of the second month following the close of such quarter”.

    Enacted provision · exact public law section
    (E) Subsection (c) of section 2513 is amended— (i) by striking out “calendar quarter” and inserting in lieu thereof “calendar year”, and (ii) by striking out “15th day of the second month following the close of such quarter” and inserting in lieu “15th day of April following the close of such year”.

    Effective date note
    Amendment by Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

  12. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 442(b)(2)(F) · 95 Stat. 175

    Substituted · 26 U.S.C. § 2513(d)

    Pub. L. 97–34, § 442(b)(2)(F), substituted “any calendar year” and “such year” for “any calendar quarter” and “such calendar quarter”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–34, § 442(b)(2)(F), substituted “any calendar year” and “such year” for “any calendar quarter” and “such calendar quarter”.

    Enacted provision · exact public law section
    (F) Subsection (d) of section 2513 is amended— (i) by striking out “any calendar quarter” and inserting in lieu thereof “any calendar year”, and (ii) by striking out “such calendar quarter” and inserting in lieu thereof “such year”.

    Effective date note
    Amendment by Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

18 of 19 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1970–1981 · 3 rounds

1981

Subsec. (a)(1), (2). Pub. L. 97–34, § 442(b)(2)(A), substituted “calendar year” for “calendar quarter”.

Subsec. (b)(2). Pub. L. 97–34, § 442(b)(2)(B)–(D), in introductory text, substituted “calendar year” for “calendar quarter”, in subpar. (A), substituted “The consent” for “the consent”, “15th day of April following the close of such year” for “15th day of the second month following the close of such calendar quarter”, and “such year” for “such calendar quarter” in two other places, and in subpar. (B) substituted “The consent” and “such year” for “the consent” and “such calendar quarter”.

Subsec. (c). Pub. L. 97–34, § 442(b)(2)(E), in provision preceding par. (1) substituted “calendar year” for “calendar quarter” and in par. (1) “15th day of April following the close of such year” for “15th day of the second month following the close of such quarter”.

Subsec. (d). Pub. L. 97–34, § 442(b)(2)(F), substituted “any calendar year” and “such year” for “any calendar quarter” and “such calendar quarter”.

1976

Subsecs. (b)(1), (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

1970

Subsecs. (a), (b)(2). Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”.

Subsec. (b)(2)(A). Pub. L. 91–614, § 102(b)(2)(B), substituted “the 15th day of the second month” for “the 15th day of April” and substituted “such calendar quarter” for “such year”.

Subsec. (b)(2)(B). Pub. L. 91–614, § 102(b)(2)(C), substituted “such calendar quarter” for “such year”.

Subsec. (c). Pub. L. 91–614, § 102(b)(2)(A), substituted “calendar quarter” for “calendar year”.

Subsec. (c)(1). Pub. L. 91–614, § 102(b)(2)(D), substituted “15th day of the second month following the close of such calendar quarter” for “15th day of April following the close of such year”.

Subsec. (d). Pub. L. 91–614, § 102(b)(2)(A), (E), substituted “calendar quarter” for “calendar year” and “such calendar quarter” for “such year”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–34 applicable with respect to gifts made after , see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–614 applicable with respect to gifts made after , see section 102(e) of Pub. L. 91–614, set out as a note under section 2501 of this title.

Credits

1954–1981 · 4 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 406
  2. 1970Pub. L. 91–614, title I, § 102(b)(2), , 84 Stat. 1840
  3. 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
  4. 1981Pub. L. 97–34, title IV, § 442(b)(2), , 95 Stat. 322.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 406; Pub. L. 91–614, title I, § 102(b)(2), , 84 Stat. 1840; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 97–34, title IV, § 442(b)(2), , 95 Stat. 322.)

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