Section 34.77.050. Gifts of community property to third persons.

   (a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses.
   (b) A gift of community property to a third person that is not allowed under (a) of this section is subject to AS 34.77.140(e) - (h) unless both spouses act together in making the gift or the other spouse ratifies the gift.
   (c) Reporting any part of a gift made by the other spouse on a United States gift tax return under 26 U.S.C. 2501 - 2524 or consenting to the treatment of a gift under 26 U.S.C. 2513 (Internal Revenue Code) by signing the consent on the other spouse's United States gift tax return is treated as the spouses acting together in making the gift.
   (d)  [Repealed, Sec. 46 ch 45 SLA 2013].  

Authorities

34.77.040;34.77.140

Notes

References

AS 34.77.040 Management and control of property of spouses.
AS 34.77.140 Interspousal Remedies.

History

(Sec. 11 ch 42 SLA 1998; am Sec. 42, 46 ch 45 SLA 2013)