Reg. § 25.6075-1 Returns, time for filing gift tax returns for gifts made after December 31, 1981.
(a) In general Except as provided in and of this section, a return required to be filed under section for gifts made after December 31, 1981, must be filed on or before the 15th day of April following the close of the calendar year in which the gift was made.
(b) Special rules
(1) Extensions Except as provided in of this section, if a taxpayer files an income tax return on the calendar year basis and the taxpayer is granted an extension of time for filing the return of income tax imposed by Subtitle A of the Internal Revenue Code, then such taxpayer shall also be deemed to have been granted an extension of time for filing the gift tax return under section for such calendar year equal to the extension of time granted for filing the income tax return. See section and the regulations thereunder for rules relating to extension of time for filing returns.
(2) Death of donor Where a gift is made during the calendar year in which the donor dies, the time for filing the return made under section shall not be later than the time (including extensions) for filing the return made under section (relating to estate tax returns) with respect to such donor. In addition, should the time for filing the estate tax return fall later than the 15th day of April following the close of the calendar year, the time for filing the gift tax return shall be on or before the 15th day of April following the close of the calendar year, unless an extension (not extending beyond the time for filing the estate tax return) was granted for filing the gift tax return. If no estate tax return is required to be filed, the time for filing the gift tax return shall be on or before the 15th day of April following the close of the calendar year, unless an extension was granted for filing the gift tax return.
(c) Paragraphs (a) and (b) may be illustrated by the following examples.
Example (1). Donor makes a taxable gift on April 1, 1982, for which a return must be made under section . Donor files the income tax return on the calendar year basis. The donor was granted a 4-month extension from April 15, 1983 to August 15, 1983, in which to file the 1982 income tax return. Under these circumstances, the donor is not required to file the gift tax return prior to August 15, 1983. See of this section.
Example (2). Donor makes a taxable gift on April 1, 1982, for which a return must be made under section . The donor dies on May 1, 1982. Under these circumstances, since the due date for filing the estate tax return, February 1, 1983 (assuming an estate tax return under section was required to be filed), falls prior to the due date for the gift tax return (as specified in section ), the last day for filing the gift tax return is February 1, 1983. See of this section.
Example (3). The facts are the same as in example (2), except the donor dies on November 30, 1982. Although the estate tax return is due on or before August 30, 1983, the last day for filing the gift tax return is April 15, 1983. See of this section.
Example (4). The facts are the same as in example (3), except that the executor receives a 4-month extension for filing the decedent's income tax return. Under these circumstances, the last day for filing the gift tax return is August 15, 1983. See and of this section.
Example (5). The facts are the same as in example (3), except that the donor-decedent receives an extension of 6 months for filing the gift tax return. See section and . Since section and provide that the time for filing the gift tax return made under section shall not be later than the time (including extensions) for filing the estate tax return made under section , the last day for filing the gift tax return is August 30, 1983.
(d) See section and concerning the timely filing of a return that falls due on a Saturday, Sunday or legal holiday. As to additions to the tax for failure to file the return within the prescribed time, see section and .
[T.D. 7910, 48 FR 40375, Sept. 7, 1983]