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S1079................................................by JUDICIARY AND RULES ESTATE - TRANSFERRED PROPERTY - Amends existing law to remove the one-half limitation on what portion of previously transferred property can be recovered by a surviving spouse of the transferor for estate purposes; to clarify the alternative nature of the qualifications set forth for the recovery; and to update the reference to the annual exclusion for the federal gift tax. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/11 Rpt out - rec d/p - to 2nd rdg 02/12 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Branch Floor Sponsor - Darrington Title apvd - to House 02/19 House intro - 1st rdg - to Jud 03/18 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg Rules susp - PASSED - 61-0-9 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Mader, Marley, McKague, Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smylie, Stevenson, Stoicheff, Stone, Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Barrett, Linford, Loertscher, Mortensen, Smith, Taylor, Tilman, Trail, Williams Floor Sponsor - Judd Title apvd - to Senate 03/22 To enrol - rpt enrol - Pres signed - Sp signed 03/23 To Governor 03/24 Governor signed Session Law Chapter 303 Effective: 07/01/99
S1079|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1079 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE AUGMENTED ESTATE; AMENDING SECTION 15-2-202, IDAHO CODE, TO 3 REMOVE THE ONE-HALF LIMITATION ON WHAT PORTION OF PREVIOUSLY TRANSFERRED 4 PROPERTY CAN BE RECOVERED BY A SURVIVING SPOUSE OF THE TRANSFEROR, TO 5 CLARIFY THE ALTERNATIVE NATURE OF THE QUALIFICATIONS SET FORTH FOR THE 6 RECOVERY AND TO UPDATE THE REFERENCE TO THE ANNUAL EXCLUSION FOR THE FED- 7 ERAL GIFT TAX. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 15-2-202, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 15-2-202. AUGMENTED ESTATE. Whenever a married person domiciled in the 12 state has made a transfer of quasi-community property to a person other than 13 the surviving spouse without adequate consideration and without the consent of 14 the surviving spouse, the surviving spouse may require the transferee to 15 restore to the decedent's estateone-half (1/2) ofsuch property, 16 if the transferee retains such property and, if not,one-half (1/2) of17its proceeds or, if none,one-half (1/2) ofits value at 18 the time of transfer, if: 19 (a) The decedent retained, at the time of his death, the possession or 20 enjoyment of or the right to income from the property; or 21 (b) The decedent retained, at the time of his death, a power, either 22 alone or in conjunction with any other person, to revoke or to consume, invade 23 or dispose of the principal for his own benefit; or 24 (c) The decedent held the property at the time of his death with another 25 with the right of survivorship; or 26 (d) The decedent had transferred such property within two (2) years of 27 his death to the extent that the aggregate transfers to any one (1) donee in 28 either of the years exceededthree thousand dollars ($3,000)29 ten thousand dollars ($10,000) or the amount of the annual exclusion for 30 the federal gift tax set forth at 26 U.S.C. section 2503, whichever is greater 31 .
STATEMENT OF PURPOSE RS 08778 The existing statute has a technical flaw in limiting the recovery of quasi-community property previously transferred by a now-deceased spouse without adequate consideration and without the consent of the surviving spouse. The concept of quasi-community property (set forth in Idaho code 15-2-201) is to protect the surviving spouse from such transfers. However, one-half of the quasi-community property is deemed to be owned by the surviving spouse and one-half by the deceased spouse (now held by that spouse's estate). the technical method required to restore this situation is to allow the surviving spouse to recapture all of any quasi-community property previously transferred. Otherwise, one-half of the transferred property would escape recapture. The second change is to update an antiquated reference to the old limit on gift tax exclusions of $3,000.00 to the current limit of $10,000.00. since this current limit is indexed, the federal code section is also referenced to include such indexing. finally, the addition of "or" after the (a), (b), and (c) tests for recovery makes clear that each such test is independent, as is the () test, and that only one of such tests need to be met. FISCAL NOTE This bill should have no effect on revenues or expenditures. CONTACT: Robert L. Aldrich 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: 208-336-9880 FAX: 208-336-9882 e-mail: roberta@micron.net (name) ( STATEMENT OF PURPOSE/ FISCAL NOTE S1079