Taxation of Estates and Gifts
Marital Gift
Outright gifts to spouses qualify for a marital exception. 26 U.S.C. § 2523(a).
Gifts of terminable interests do not qualify. 26 U.S.C. § 2523(b).
- If the spouse's interest is terminable—don't get confused by others' terminable interests.
Future interests are OK.