(a) Resident Donors.

A gift tax return must be filed on form GT-1 by any individual resident of California who makes a gift to any one donee of property, other than a future interest therein, exceeding in value the amount of the annual exemption ($3,000); or, regardless of value, makes a gift of a future interest in property to any one donee not entitled to the annual exemption.

(b) Nonresident Donors.

A gift tax return must be filed on form GT-1 by any nonresident of California who makes a gift of tangible personal property located in California or real property situate in California, and any resident of a country other than the United States who makes a gift of any property, tangible or intangible, located in California, under the conditions specified in paragraph (a).

(c) Several Gifts as One Transaction.

A return must be filed in any case when gifts of property of less than $3,000 in value, but in the aggregate exceeding such sum, are made to each of several persons as part of a transaction under which each donee is to transfer the property received by him to an ultimate donee. (See Revenue and Taxation Code Sections 15421 through 15451). A case of this kind is one where A makes gifts of $3,000 each to B, C, D and E pursuant to an agreement that they, in turn, will transfer the property given them to G.

(d) Irrevocable Trust.

A return must be filed in any case where transfers of property, regardless of value, otherwise subject to California gift tax is made to the trustee of an irrevocable trust.

(e) Exempt Transfers.

A return is required to be filed by a donor in accordance with this regulation even though a tax may not be payable by him because of the specific, charitable or intangible exemption provided in Revenue and Taxation Code Sections 15421 through 15451.

Note: Reference: Section 15651, Revenue and Taxation Code.