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State Gift Tax?

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Frustrated

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Jan 8, 2017, 9:57:12 PM1/8/17
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Tom gives Mary a large gift. The state Tom lives in has no gift tax, but Mary's state does? Is there any state gift tax on it? (or any need to file a state gift tax return with anyone?)

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Stuart O. Bronstein

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Jan 9, 2017, 9:54:13 AM1/9/17
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Frustrated <wa...@lippman.info> wrote:

> Tom gives Mary a large gift. The state Tom lives in has no gift
> tax, but Mary's state does? Is there any state gift tax on it?
> (or any need to file a state gift tax return with anyone?)

No.

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Stu
http://DownToEarthLawyer.com

Arthur Rubin

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Jan 10, 2017, 3:53:29 PM1/10/17
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On Sunday, January 8, 2017 at 6:57:12 PM UTC-8, Frustrated wrote:
> Tom gives Mary a large gift. The state Tom lives in has no gift tax, but Mary's state does? Is there any state gift tax on it? (or any need to file a state gift tax return with anyone?)

It may depend on Mary's state, but probably not. Gift tax is a tax on the giver (Tom), and Mary's state probably does not have jurisdiction over Tom, and may not have a parallel tax on Mary. (See sales tax (on the seller) and use tax (on the buyer).)

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Arthur Rubin, CRTP, AFSP, Brea, CA
(CA has no gift tax)
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