Cal. Code Regs. tit. 18 § 13551

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 13551 - Transfer Inter Vivos to Third Person

The whole of any community property which is transferred by means of a taxable inter vivos transfer by the spouses to a third person is subject to the Inheritance Tax Law.

(a) Decedent Dying On or After September 11, 1957. In the case of a decedent dying on or after September 11, 1957, each spouse is considered a transferor of one-half of the property.
(b) Decedents Dying Prior to September 11, 1957. In the case of a decedent who died prior to September 11, 1957:
(1) If the property was acquired on or after July 29, 1927, each spouse is considered a transferor of one-half of the property.
(2) If the property was acquired prior to July 29, 1927, the husband is considered the transferor of the entire property.

(See also Section 13554.)

NOTE: Reference: Section 13551, Revenue and Taxation Code.

Cal. Code Regs. Tit. 18, § 13551