California Code of Regulations
Title 18 - Public Revenues
Division 2.5 - State Controller
Chapter 2 - Gift Tax
Article 6 - Donor's Return
Section 15656 - Form of Return

Universal Citation: 18 CA Code of Regs 15656
Current through Register 2024 Notice Reg. No. 12, March 22, 2024

The donor's gift tax return must be made on Form GT-1, copies of which may be obtained from the Inheritance Tax Division of the State Controller's office in Los Angeles, Sacramento, or San Francisco. The return need not be made in duplicate.

Form GT-1 consists of four schedules, A, B, C and D. A separate Schedule D for each additional donee must be filed with the form GT-1.

The donor must list on the return all gifts as to which a return is required to be filed (see Section 15651) made by him during the calendar quarter for which the return is filed.

The return must set forth the market value of all gifts not made in money, including gifts resulting from sales and exchanges of property made for less than an adequate and full consideration in money or money's worth, (see Section 15106). In the latter case the market value of the property sold or exchanged and that of the consideration received by the donor must be stated.

Any exemption claimed except the specific exemption must be fully set forth in the return. In this connection attention is directed to Schedule A in which exempt charitable gifts (see Section 15441 and Revenue and Taxation Code Sections 15441 and 15442) should be entered as should also any gift which the taxpayer contends is of a type not subject to the Gift Tax Law other than gifts which are exempt by reason of their amount being less than the annual or specific exemptions.

All documents and vouchers used in preparing the return should be retained by the donor so as to be available by the State Controller whenever required. Copies of all documents required by the instructions printed on Form GT-1 and the Instructions for Filing Your California Quarterly Gift Tax Return, and of any documents which the donor may desire to submit, should be filed with the return.

The tax, if any, for the calendar quarter for which the return is filed may be computed and entered in the space provided on the first page of the return.

In preparing any return the instructions printed on Form GT-1 and the Instructions for Filing Your California Quarterly Gift Tax Return should be carefully read and followed.

NOTE: Reference: Section 15656, Revenue and Taxation Code.

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