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Gift inter vivos
(redirected from Inter Vivos Transfer)

   Also found in: Financial 0.01 sec.

GIFT INTER Vivos. A gift made from one or more persons, without any prospect of immediate death, to one or more others.
     2. These gifts are so called to distinguish them from gifts causa- mortis, (vide Donatio causa mortise,) from which they differ essentially. 1. A gift inter vivos, when completed by delivery, passes the title to the thing so that it cannot be recovered back by the giver; the gift causa mortis is always given upon the implied condition that the giver may, at any time during his life, revoke it. 7 Taunt. 231; 3 Binn. 366. 2. A gift inter vivos may be made by the giver at any time; the donatio causa mortis must be made by the donor while in peril of death. In both cases there must be a delivery. 2 Kent's Com. 354; 1 Beav. R. 605; 1 Miles, R. 109.



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The Tax Court explained that this ignored the premise of the QTIP regime, under which the surviving spouse is treated as receiving the entire QTIP from his or her spouse and then transferring it either at death or in an inter vivos transfer.
Under that provision, the inter vivos transfer of all or part of a qualifying income interest is treated as a taxable transfer of all interests in the underlying property related to that income interest.
The gift tax, reported on IRS Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, is incurred for property transfers during the donor's life, inter vivos transfers, whereas the estate tax is assessed or incurred on property transferred after death.
 
 
 
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