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.