California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 3 - Community Property › Section 13554 - Conversion of Community Property into Joint Tenancy of Spouses and Third Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Tenant Dying on or After September 11, 1957.
If community property is converted by the spouses into the
					 joint tenancy property of themselves and a third person, and the tenancy is
					 thereafter maintained, upon the death of any one of the tenants on or after
					 September 11, 1957, the effective date of Revenue and Taxation Code Section
					 13557,
					 each spouse is deemed to have contributed one-half of the joint tenancy
					 property out of his or her own separate property, and the property is or is not
					 subject to the Inheritance Tax Law to the extent specified in Revenue and
					 Taxation Code Section
					 13671.
					 (See also Section
					 13671.1).
(b) Tenant Dying Prior to September 11, 1957.
(1) Property Acquired on or After July 29,
				  1927.
If community property acquired on or after July 29, 1927,
					 is converted by the spouses into the joint tenancy property of themselves and a
					 third person, and the tenancy is thereafter maintained, upon the death of any
					 one of the tenants prior to September 11, 1957, each spouse is deemed to have
					 contributed one-half of the joint tenancy property out of his or her own
					 separate property, and the property is or is not subject to the Inheritance Tax
					 Law to the extent specified in Revenue and Taxation Code Section
					 13671.
					 (See also Section
					 13671.1).
(2) Property Acquired Prior to July 29, 1927.
If community property acquired prior to July 29, 1927, is
					 converted by the spouses into joint tenancy property between themselves and a
					 third person, and the tenancy is thereafter maintained, upon the death of one
					 of the tenants prior to September 11, 1957, the husband is deemed to have
					 contributed the entire joint tenancy property out of his own separate property,
					 and the property is or is not subject to the Inheritance Tax Law to the extent
					 specified in Revenue and Taxation Code Section
					 13671, except that upon the death
					 of the husband the wife is entitled to a community exemption in the amount of
					 one-half of the joint tenancy interest to which she is entitled where the
					 husband died prior to September 7, 1955 (the effective date of an amendment to
					 Revenue and Taxation Code Section
					 13554),
					 and a community exemption in the amount of all the joint tenancy interest to
					 which she is entitled up to one-half of the whole community property where the
					 husband died on or after September 7, 1955, and prior to September 11, 1957.
					 (See also Section
					 13671.1).
NOTE: As to conversion of community property into joint
					 tenancy between husband and wife, see Section
					 13671.50.
As to joint tenancies generally, see Section
					 13671 and
					 13671.1.
NOTE: Reference: Section
					 13554,
					 Revenue and Taxation Code.