(a) Tax return to be filed by donor. — Any person who in any calendar year makes any gift in excess of the ten thousand dollars ($10,000) annual exemption per person receiving the gift as provided in § 31083(b) of this title shall, not later than January 31 of the year following the calendar year in which the gift was made, file with the Secretary a tax return under oath, observing such requirements and such manner as the Secretary may provide by regulation, circular letter, informational bulletin, or administrative determination, and reporting the amount thereof and the taxes to be paid. Notwithstanding the foregoing provisions, such tax return shall be required in all cases in which the gift is real property. When the gift is made out of marital community property, the tax return shall be signed by both spouses for purposes of applying § 31100 of this title. Otherwise, the gift shall be taken to be made out of any marital community property or private asset of the spouse making the gift.
(b) Information statement by person receiving a gift. — Any person who during any calendar year receives any gift, which is not made before a notary public and which exceeds the ten thousand dollars ($10,000) exemption per person receiving the gift as provided in § 31083(b) of this title shall, not later than February 28 of the year following the calendar year in which he/she received the gift, file with the Secretary a statement under penalty of perjury, in such manner as the Secretary may provide for by regulation, circular letter, informational bulletin, or administrative determination of a general nature, stating the value of such gift, the date on which such gift was received, and the address and age of the donor.
(c) Information statement by notary public. — Any notary who authorizes any document in connection with a gift shall notify the Secretary of such a fact, under penalty of perjury, in such manner as the Secretary may provide by regulation, circular letter, informational bulletin or administrative determination of a general nature, within ten (10) days after the date such document was executed.
(d) The Secretary may require by regulation, circular letter, informational bulletin or administrative determination of a general nature that the tax returns and information statement required under this section are filed electronically.
History —Jan. 31, 2011, No. 1, § 2051.02, retroactive to Jan. 1, 2011.