(a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses.
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Terms Used In Alaska Statutes 34.77.050

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(b) A gift of community property to a third person that is not allowed under (a) of this section is subject to Alaska Stat. § 34.77.140(e) – (h) unless both spouses act together in making the gift or the other spouse ratifies the gift.
(c) Reporting any part of a gift made by the other spouse on a United States gift tax return under 26 U.S.C. § 2501– 2524 or consenting to the treatment of a gift under 26 U.S.C. § 2513 (Internal Revenue Code) by signing the consent on the other spouse’s United States gift tax return is treated as the spouses acting together in making the gift.
(d)[Repealed, Sec. 46 ch 45 SLA 2013.]
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