Cal. Code Regs. tit. 18 § 13801.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 13801.2 - Several Transfers to Same Person

When more than one transfer has been made after July 27, 1917 (the effective date of the Inheritance Tax Act of 1917), by a transferor to the same person, the latter is deemed to have received by a single transfer the entire property involved and is entitled to but one specific exemption. The amount of the exemption is governed by the following:

(a) Transfers on or After June 25, 1935.

If each transfer was made on or after June 25, 1935 (the effective date of the Inheritance Tax Act of 1935), the exemption allowable is the exemption in effect at the date of the transferor's death.

(b) Incomplete Transfer Between July 27, 1917, and June 25, 1935, Plus Transfer upon Death on or After June 25, 1935.

If an incomplete transfer (see Section 13304.2), was made during the life of the transferor on or after July 27, 1917, but prior to June 25, 1935, and a second transfer was made upon the transferor's death on or after June 25, 1935, the exemption allowable is the exemption in effect at the date of the transferor's death.

(c) Complete Transfer Between July 27, 1917, and June 25, 1935, Plus Transfer upon Death on or After June 25, 1935.

If a complete transfer (see Section 13304.1), was made during the life of the transferor on or after July 27, 1917, but prior to June 25, 1935, and a second transfer was made upon the transferor's death on or after June 25, 1935, and at a time when the specific exemption in force was different from that in force when the first transfer was made, the exemption allowable is as follows:

(1) If the amount of the property involved in the first transfer was equal to or greater than the exemption in force at the time of the transfer, and in excess of the exemption in force at the date of the second transfer, an exemption equal to the amount of the exemption applicable at the date of the first transfer is allowable.

(2) If the amount of the property involved in the first transfer was less than the exemption in force at the time of the transfer, but in excess of the exemption in force at the date of the second transfer, an exemption equal to the amount of the property involved in the first transfer is allowable.

(3) If the amount of the property involved in the first transfer was less than the exemption in force at the time of the transfer, and less than the exemption in force at the date of the second transfer, a total exemption equal to the amount of the exemption applicable at the date of the second transfer is allowable.

NOTE: As to the computation of tax where there are several transfers to the same person, see Section 13408.

NOTE: Reference: Section 13801, Revenue and Taxation Code.

Cal. Code Regs. Tit. 18, § 13801.2