Chapter 2. Gift Tax›Article 1. Definitions
§ 15106. Transfer for Inadequate Consideration.
California Code of Regulations, Title 18 — Division 2.5. State Controller · 2026 edition · updated 2026-10-05 · California
A transfer of property for a valuable yet inadequate consideration in terms of money or money's worth constitutes a gift of the difference between the value of the property transferred and the value of the consideration received. Thus, for example, A transfers property valued at $10,000 to B in return for property valued at $5,000. The difference between the values of the property, or $5,000, represents a gift from A to B. There would be no gift in such case, however, if the transaction represented a bona fide sale or exchange made in the ordinary course of business and was free from donative intent.
Any consideration for a transfer not reducible to a money value, such as love and affection or a promise of marriage, will be disregarded, and the entire value of the property transferred will be treated as the amount of the gift.
Note: Reference: Section 15106, Revenue and Taxation Code.
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