Yes.
The exclusion can be applied against the value of the policy at the time of the gift and to subsequent premium payments.
1 An outright gift of a policy to a minor qualifies for the exclusion even though a guardian is not appointed.
2 A gift of life insurance under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act generally qualifies for the gift tax annual exclusion. All but a few states have modified the Uniform Act to include gifts of life insurance. Any transfer of property to a minor under statutes patterned after either the model act or the uniform act constitutes a complete gift for federal gift tax purposes to the extent of the full fair market value of the property transferred. Such a gift generally qualifies for the gift tax annual exclusion authorized by IRC Section 2503(b).
3 If the subject of the gift is life insurance, its “full fair market value” would presumably be established by the same rules applicable to gifts of life insurance generally ( Q
119).
1. IRC § 2503(b); Treas. Reg. §§ 25.2503-3(c)(Ex. 6), 25.2511-1(a), 25.2511-1(g).
2.
Baer v. Commissioner, 2 TCM (CCH) 285 (1943),
aff’d, 149 F.2d 637 (8th Cir. 1945); Rev. Rul. 54-400, 1954-2 CB 319;
see Daniels v. Commissioner, 10 TCM (CCH) 147 (1951).
3. Rev. Rul. 56-86, 1956-1 CB 449; Rev. Rul. 59-357, 1959-2 CB 212; Rev. Rul. 73-287, 1973-2 CB 321.