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VA online Form 706-NA: What You Should Know
Special Rules — Gestation Rules The nonresident gift tax does not apply to gifts made by a nonresident during the decedent's lifetime, or to gifts made by a nonresident during a period when the decedent was resident. Explanation of Gestation Rules (3) No tax applies to the decedent's gross estate if the decedent dies within 1 year of the date the trust or estate passes to the person's surviving spouse, unless the transferor is an individual who is not married to the decedent. (4) No tax applies to the decedent's gross estate if the decedent died before December 31, 2022. (5) No tax applies to the decedent's gross estate if the decedent died after December 31, 2025 and (a) the decedent died before the end of the 5th year following the decedent's death (or (b) if the decedent died after December 31, 2025 and before the end of the 15th year following the decedent's death, the transferor is an individual who has not become married to the transferor by birth (or (c) if the decedent died on or after December 31, 2025 and before the end of the 25th year following the decedent's death, the transferor is an individual who has not become married to the transferor by birth. (6) No tax applies to the decedent's gross estate if the decedent died after the expiration of all applicable GPT or GST credits. (7) Subsection (7) does not apply to: (a) a transfer to a trust of property which is not otherwise includible in the gross estate; (b) a gift of property solely for the acquisition of a right of survivorship to an individual; or (c) a gift to which the nonrefundable GPT, GST, and any other GST tax credit has not applied by virtue of section 1061. Section 937(4). (11) No tax applies to any amount received in exchange for property if the property has previously been transferred, or the transferor will have received by giving a certain date, more than 1 year after the original transfer.
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