Cal. Code Regs. tit. 18 § 15103.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 15103.2 - Property of Nonresident Donors

(a) Real Property.

Real property in this State belonging to a nonresident donor is subject to the Gift Tax Law.

(b) Tangible Personal Property.

Tangible personal property permanently in this State belonging to a nonresident donor is subject to the Gift Tax Law.

(c) Intangible Personal Property.

Ordinarily, intangible personal property belonging to a nonresident donor is not subject to the Gift Tax Law unless it has acquired a so-called "business situs" (i. e., been actively used in connection with some business) in this State.

Any intangible personal property of a nonresident donor otherwise subject to the Gift Tax Law is not subject thereto if transferred by a donor who at the date of the transfer was a resident of a state or territory of the United States or of a foreign state or country which then imposed a gift tax in respect to the intangibles of its own residents, but either:

(1) Did not impose such a tax in respect to intangible personal property of residents of this State; or

(2) Had a reciprocity provision in its law exempting from its tax the intangibles of nonresidents of other jurisdictions whose laws, in turn, contain a similar exemption.

Note: As to the intangibles exemption of nonresident donors, see Section 15451 and 15451.1, and Revenue and Taxation Code Section 15451.

NOTE: Reference: Section 15103, Revenue and Taxation Code.

Cal. Code Regs. Tit. 18, § 15103.2