gift tax on a (C)(4) gift question

gift tax on a (C)(4) gift question

Forum topic posted in Forum on 26 February 2010| 3 comments
audience: | last updated: 26 February 2010
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Joined: 07/18/2006
Points: 45
A donor gives a $25,000 gift to a 501(c)(4) organization in the same year her spouse dies. The spouse has died a few weeks before the donor made the gift. Which applies here--the donor's $13,000 gift tax exemption or their combined $26,000 exemption? Thanks!

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Joined: 07/18/2006
Points: 45
Thanks so much for the
Thanks so much for the input, Emily! Much appreciated!
Joined: 02/19/1999
Points: 45
gift tax on a (C)(4) gift question
I don't think the 13K annual gift limitation applies here as the gift is to a non-profit--be it a c4 or c3.
Joined: 06/08/2006
Points: 30
The citation is Section 25.2513-1(b)(1). Gift-splitting is not available for gifts made by the surviving spouse after the death of the first spouse. The decedent's executor or administrator can consent to gift-splitting for purposes of Form 709 but only if the gifts were made prior to the decedent's death. The code states that consent is not effective with respect to gifts made during the portion of the calendar year in which the spouse was deceased.
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