26 USC 2513 - Gift by husband or wife to third party

U.S Code last checked for updates: Nov 23, 2024

§ 2513.

Gift by husband or wife to third party

(a)

Considered as made one-half by each

(1)

In general

(2)

Consent of both spouses

(b)

Manner and time of signifying consent

(1)

Manner

(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

(Aug. 16, 1954, ch. 736, 68A Stat. 406; Pub. L. 91–614, title I, § 102(b)(2), Dec. 31, 1970, 84 Stat. 1840; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–34, title IV, § 442(b)(2), Aug. 13, 1981, 95 Stat. 322.)

cite as: 26 USC 2513