What is one of the requisites of a valid donation for donor's tax, excluding capacity of the donee?

Delivery of the subject matter of a gift is a fundamental requisite for a valid donation and is essential for establishing a legal transfer of ownership from the donor to the donee. In the context of donor's tax, this delivery demonstrates that the donor has relinquished control over the property or asset being donated, thus completing the act of giving. Without this delivery, the donation can't be recognized legally or for tax purposes, even if there exists a clear intention to donate and the donor has the capacity to make the gift.

The concept of delivery can encompass various forms, such as actual physical transfer of the property, constructive delivery, or symbolic delivery, depending on the nature of the gift. The act of transfer is a critical moment that can trigger tax implications, as it signifies the finalization of the donation process.

In contrast, the capacity of the donor and the donee pertains to their legal ability to engage in the transaction, while donative intent refers to the intention behind the gift itself. These concepts are important but do not fulfill the necessary condition of actually delivering the gift, which is why delivery is a key requisite for valid donations subject to donor's tax.