Section 13408 - Several Transfers to Same Person(a) Transfers On or After June 25, 1935. Where more than one transfer has been made on or after June 25, 1935 (the effective date of the Inheritance Tax Act of 1935), by a transferor to the same person, the tax is measured by the aggregate market value of the property so transferred as if all of the property had been transferred at the date of the transferor's death, the tax rates and exemptions applicable also being those in effect at such date.(b) Incomplete Transfer Between July 27, 1917, and June 25, 1935, Plus Transfer Upon Death on or After June 25, 1935. Where any person during his lifetime on or after July 27, 1917 (the effective date of the Inheritance Tax Act of 1917), but prior to June 25, 1935, made an incomplete transfer, (see Section 13304.2), of property to another, and upon his death occurring on or after June 25, 1935, transferred other property by will to such other person, the tax is computed in accordance with subsection (a) of this regulation.
(c) Complete Transfer Between July 27, 1917, and June 25, 1935, Plus Transfer Upon Death on or After June 25, 1935. Where any person during his lifetime on or after July 27, 1917, but prior to June 25, 1935, made a complete transfer, see Section 13304.1, of property to another, and upon his death occurring on or after June 25, 1935, transferred other property by will to such other person, the tax is computed as follows:
(1) Determine in accordance with Section 13801.2(c) the amount of the specific exemption allowable.(2) Deduct from the value of the property transferred inter vivos the amount of the specific exemption determined pursuant to subdivision (1) of this subsection.(3) Compute the tax upon the remainder determined pursuant to subdivision (2) at the rates in effect at the date of the transfer inter vivos.(4) Compute the tax upon the value of the property transferred by will at the rates in effect at the date of the decedent's death. In making this computation, treat the value of the property transferred by will as the highest portion of the aggregate market value of the property transferred inter vivos and at death and tax it at the rates applicable in the appropriate tax rate brackets reached by reason of the aggregation. NOTE: Reference: Section 13408, Revenue and Taxation Code.
Cal. Code Regs. Tit. 18, § 13408