Hey all,
Quick question on the marital deduction.
I understand the concept of “terminable interest” and how it could disallow the marital deduction. However, for the question in the MCQ:
“Joseph and Jill have been married for 20 years. Joseph inherited a house worth $2,500,000 from his father. Assume that the annual gift tax exclusion is $20,000. Joseph is gifting the house to Jill as long as she puts an apple orchard on the land. Jill decided in the end to put a swimming pool in place of the apple orchard. What amount of the $2,500,000 can Joseph give to Jill without incurring a gift tax liability?”
The answer is “$0” and the explanation states:
“The gift tax provision for gifts from one spouse to another allows for a marital deduction; an unlimited deduction is available for all property given to a spouse.
A gift tax marital deduction does not apply to a transfer of a terminable interest in property. A terminable interest is one that will terminate on a lapse of time or on the occurrence, or failure to occur, of a contingency.
Therefore, Joseph will not be able to claim the gift tax exclusion. The gift was contingent on Jill planting an apple orchard, and she decided on a swimming pool instead.”
So, is it $0 for the mere fact that there IS a terminable interest attached to the gift, or is it because Jill failed to comply? Would he be able to exclude the gift if she complied and planted the apple orchard? I want to go with the fact that she failed to comply, but I just wanted to be 100% positive. I also think my brain is fried for the evening.
Thanks in advance.
AUD - 8/12/16
REG - 10/7/16
BEC - 11/18/16
FAR - TBD
#300before30 - Pass the CPA exam before my 30th Birthday.