§ 25.6019-2. Returns required in case of consent under section 2513.
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/us/cfr/t26/s§ 25.6019-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in this section, the provisions of § 25.6019-1 (other than paragraph
(d)of § 25.6019-1) apply with respect to the filing of a gift tax return or returns in the case of a husband and wife who consent (see § 25.2513-1) to the application of section 2513. If both spouses are (without regard to the provisions of section 2513) required under the provisions of § 25.6019-1 to file returns, returns must be filed by both spouses. If only one of the consenting spouses is (without regard to the provisions of section 2513) required under § 25.6019-1 to file a return, a return must be filed by that spouse. In the latter case if, after giving effect to the provisions of section 2513, the other spouse is considered to have made a gift not excluded from the total amount of such other spouse's gifts for the taxable year by reason of section 2503
(b)or
(e)(relating, respectively, to certain gifts of $10,000 per donee and the exclusion for certain educational or medical expenses), a return must also be filed by such other spouse. Thus, if during a calendar year beginning after December 31, 1981, the first spouse made a gift of $18,000 to a child (the gift not being either a future interest in property or an amount excluded under section 2503(e)) and the other spouse made no gifts, only the first spouse is required to file a return for that calendar year. However, if the other spouse had made a gift in excess of $2,000 to the same child during the same calendar year or if the gift made by the first spouse had amounted to $21,000, each spouse would be required to file a return if the consent is signified as provided in section 2513. [T.D. 8522, 59 FR 9664, Mar. 1, 1994]
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- T.D. 8522
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§ 25.6019-2
Returns required in case of consent under section 2513.
Treas. Dec.T.D. 8522
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