US Codex
U.S.C.
Notes

§2652. Other definitions — Inbound Citations

26 U.S.C. § 2652

Cited by 283 provisions in release 119-102.

Citations to §2652(a)

Citations to §2652(a)(1)

Citations to §2652(b)

Citations to §2652(b)(1)

  • 26 U.S.C. § 2031(c)(8)(C)(iv)
    Go to provision →
    (iv) the trustee of a trust the corpus of which includes the land to be subject to the qualified conservation easement.
  • 26 U.S.C. § 2031(c)(10)
    Go to provision →
    (10) This section shall apply to an interest in a partnership, corporation, or trust if at least 30 percent of the entity is owned (directly or indirectly) by the decedent, as determined under the rules described in section 2057(e)(3) (as in effect before its repeal).
  • 26 U.S.C. § 2032A(e)(9)(C)
    Go to provision →
    (C) such property is acquired by any person from a trust (to the extent such property is includible in the gross estate of the decedent).
  • 26 U.S.C. § 2032A(g)
    Go to provision →
    (g) The Secretary shall prescribe regulations setting forth the application of this section and section 6324B in the case of an interest in a partnership, corporation, or trust which, with respect to the decedent, is an interest in a closely held business (within the meaning of paragraph (1) of section 6166(b)). For purposes of the preceding sentence, an interest in a discretionary trust all the beneficiaries of which are qualified heirs shall be treated as a present interest.
  • 26 U.S.C. § 2035(a)(1)
    Go to provision →
    (1) the decedent made a transfer (by trust or otherwise) of an interest in any property, or relinquished a power with respect to any property, during the 3-year period ending on the date of the decedent’s death, and
  • 26 U.S.C. § 2035(c)(1)
    Go to provision →
    (1) For purposes of—
    (A) section 303(b) (relating to distributions in redemption of stock to pay death taxes),
    (B) section 2032A (relating to special valuation of certain farms, etc., real property), and
    (C) subchapter C of chapter 64 (relating to lien for taxes),
    the value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer, by trust or otherwise, during the 3-year period ending on the date of the decedent’s death.
  • 26 U.S.C. § 2035(e)
    Go to provision →
    (e) For purposes of this section and section 2038, any transfer from any portion of a trust during any period that such portion was treated under section 676 as owned by the decedent by reason of a power in the grantor (determined without regard to section 672(e)) shall be treated as a transfer made directly by the decedent.
  • 26 U.S.C. § 2036(a)
    Go to provision →
    (a) The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, under which he has retained for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death—
    (1) the possession or enjoyment of, or the right to the income from, the property, or
    (2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom.
  • 26 U.S.C. § 2037(a)
    Go to provision →
    (a) The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time after September 7, 1916, made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, if—
    (1) possession or enjoyment of the property can, through ownership of such interest, be obtained only by surviving the decedent, and
    (2) the decedent has retained a reversionary interest in the property (but in the case of a transfer made before October 8, 1949, only if such reversionary interest arose by the express terms of the instrument of transfer), and the value of such reversionary interest immediately before the death of the decedent exceeds 5 percent of the value of such property.
  • 26 U.S.C. § 2038(a)(1)
    Go to provision →
    (1) To the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, where the enjoyment thereof was subject at the date of his death to any change through the exercise of a power (in whatever capacity exercisable) by the decedent alone or by the decedent in conjunction with any other person (without regard to when or from what source the decedent acquired such power), to alter, amend, revoke, or terminate, or where any such power is relinquished during the 3 year period ending on the date of the decedent’s death.
  • 26 U.S.C. § 2038(a)(2)
    Go to provision →
    (2) To the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, where the enjoyment thereof was subject at the date of his death to any change through the exercise of a power, either by the decedent alone or in conjunction with any person, to alter, amend, or revoke, or where the decedent relinquished any such power during the 3 year period ending on the date of the decedent’s death. Except in the case of transfers made after June 22, 1936, no interest of the decedent of which he has made a transfer shall be included in the gross estate under paragraph (1) unless it is includible under this paragraph.
  • 26 U.S.C. § 2039(b)
    Go to provision →
    (b) Subsection (a) shall apply to only such part of the value of the annuity or other payment receivable under such contract or agreement as is proportionate to that part of the purchase price therefor contributed by the decedent. For purposes of this section, any contribution by the decedent’s employer or former employer to the purchase price of such contract or agreement (whether or not to an employee’s trust or fund forming part of a pension, annuity, retirement, bonus or profit sharing plan) shall be considered to be contributed by the decedent if made by reason of his employment.
  • 26 U.S.C. § 2043(a)
    Go to provision →
    (a) If any one of the transfers, trusts, interests, rights, or powers enumerated and described in sections 2035 to 2038, inclusive, and section 2041 is made, created, exercised, or relinquished for a consideration in money or money’s worth, but is not a bona fide sale for an adequate and full consideration in money or money’s worth, there shall be included in the gross estate only the excess of the fair market value at the time of death of the property otherwise to be included on account of such transaction, over the value of the consideration received therefor by the decedent.
  • 26 U.S.C. § 2045
    Go to provision →
    Except as otherwise specifically provided by law, sections 2034 to 2042, inclusive, shall apply to the transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whenever made, created, arising, existing, exercised, or relinquished.
  • 26 U.S.C. § 2055(a)(3)
    Go to provision →
    (3) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
  • 26 U.S.C. § 2055(e)(1)
    Go to provision →
    (1) No deduction shall be allowed under this section for a transfer to or for the use of an organization or trust described in section 508(d) or 4948(c)(4) subject to the conditions specified in such sections.
  • 26 U.S.C. § 2055(e)(2)(A)
    Go to provision →
    (A) in the case of a remainder interest, such interest is in a trust which is a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664) or a pooled income fund (described in section 642(c)(5)), or
  • 26 U.S.C. § 2055(e)(3)(C)(iii)(II)
    Go to provision →
    (II) if no estate tax return is required to be filed, the last date (including extensions) for filing the income tax return for the 1st taxable year for which such a return is required to be filed by the trust.
  • 26 U.S.C. § 2055(e)(3)(C)(iv)
    Go to provision →
    (iv) In the case of any interest passing under a will executed before January 1, 1979, or under a trust created before such date, clause (ii) shall not apply.
  • 26 U.S.C. § 2055(e)(3)(F)
    Go to provision →
    (F) If (by reason of the death of any individual, or by termination or distribution of a trust in accordance with the terms of the trust instrument) by the due date for filing the estate tax return (including any extension thereof) a reformable interest is in a wholly charitable trust or passes directly to a person or for a use described in subsection (a), a deduction shall be allowed for such reformable interest as if it had met the requirements of paragraph (2) on the date of the decedent’s death. For purposes of the preceding sentence, the term “wholly charitable trust” means a charitable trust which, upon the allowance of a deduction, would be described in section 4947(a)(1).
  • 26 U.S.C. § 2055(e)(3)(H)
    Go to provision →
    (H) The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph, including regulations providing such adjustments in the application of the provisions of section 508 (relating to special rules relating to section 501(c)(3) organizations), subchapter J (relating to estates, trusts, beneficiaries, and decedents), and chapter 42 (relating to private foundations) as may be necessary by reason of the qualified reformation.
  • 26 U.S.C. § 2055(e)(3)(J)
    Go to provision →
    (J) In the case of a trust that would qualify (or could be reformed to qualify pursuant to subparagraph (B)) but for failure to satisfy the requirement of paragraph (1)(D) or (2)(D) of section 664(d), such trust may be—
    (i) declared null and void ab initio, or
    (ii) changed by reformation, amendment, or otherwise to meet such requirement by reducing the payout rate or the duration (or both) of any noncharitable beneficiary’s interest to the extent necessary to satisfy such requirement,
    pursuant to a proceeding that is commenced within the period required in subparagraph (C)(iii). In a case described in clause (i), no deduction shall be allowed under this title for any transfer to the trust and any transactions entered into by the trust prior to being declared void shall be treated as entered into by the transferor.
  • 26 U.S.C. § 2055(g)(11)
    Go to provision →
    (11) For exemption of gifts and bequests received by National Archives Trust Fund Board, see section 2308 of title 44, United States Code.
  • 26 U.S.C. § 2056(b)(1)(C)
    Go to provision →
    (C) if such interest is to be acquired for the surviving spouse, pursuant to directions of the decedent, by his executor or by the trustee of a trust.
  • 26 U.S.C. § 2056(b)(8)(A)
    Go to provision →
    (A) If the surviving spouse of the decedent is the only beneficiary of a qualified charitable remainder trust who is not a charitable beneficiary nor an ESOP beneficiary, paragraph (1) shall not apply to any interest in such trust which passes or has passed from the decedent to such surviving spouse.
  • 26 U.S.C. § 2056(b)(8)(B)(iii)
    Go to provision →
    (iii) The term “qualified charitable remainder trust” means a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664).
  • 26 U.S.C. § 2056(d)(2)(A)
    Go to provision →
    (A) Paragraph (1) shall not apply to any property passing to the surviving spouse in a qualified domestic trust.
  • 26 U.S.C. § 2056(d)(2)(B)
    Go to provision →
    (B) If any property passes from the decedent to the surviving spouse of the decedent, for purposes of subparagraph (A), such property shall be treated as passing to such spouse in a qualified domestic trust if—
    (i) such property is transferred to such a trust before the date on which the return of the tax imposed by this chapter is made, or
    (ii) such property is irrevocably assigned to such a trust under an irrevocable assignment made on or before such date which is enforceable under local law.
  • 26 U.S.C. § 2056(d)(2)(B)(i)
    Go to provision →
    (i) such property is transferred to such a trust before the date on which the return of the tax imposed by this chapter is made, or
  • 26 U.S.C. § 2056(d)(2)(B)(ii)
    Go to provision →
    (ii) such property is irrevocably assigned to such a trust under an irrevocable assignment made on or before such date which is enforceable under local law.
  • 26 U.S.C. § 2056(d)(5)(A)
    Go to provision →
    (A) In the case of any property with respect to which a deduction would be allowable under subsection (a) but for this subsection, the determination of whether a trust is a qualified domestic trust shall be made—
    (i) as of the date on which the return of the tax imposed by this chapter is made, or
    (ii) if a judicial proceeding is commenced on or before the due date (determined with regard to extensions) for filing such return to change such trust into a trust which is a qualified domestic trust, as of the time when the changes pursuant to such proceeding are made.
  • 26 U.S.C. § 2056(d)(5)(A)(ii)
    Go to provision →
    (ii) if a judicial proceeding is commenced on or before the due date (determined with regard to extensions) for filing such return to change such trust into a trust which is a qualified domestic trust, as of the time when the changes pursuant to such proceeding are made.
  • 26 U.S.C. § 2056(d)(5)(B)
    Go to provision →
    (B) If a judicial proceeding described in subparagraph (A)(ii) is commenced with respect to any trust, the period for assessing any deficiency of tax attributable to any failure of such trust to be a qualified domestic trust shall not expire before the date 1 year after the date on which the Secretary is notified that the trust has been changed pursuant to such judicial proceeding or that such proceeding has been terminated.
  • 26 U.S.C. § 2056A(a)
    Go to provision →
    (a) For purposes of this section and section 2056(d), the term “qualified domestic trust” means, with respect to any decedent, any trust if—
    (1) the trust instrument—
    (A) except as provided in regulations prescribed by the Secretary, requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation, and
    (B) provides that no distribution (other than a distribution of income) may be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from such distribution the tax imposed by this section on such distribution,
    (2) such trust meets such requirements as the Secretary may by regulations prescribe to ensure the collection of any tax imposed by subsection (b), and
    (3) an election under this section by the executor of the decedent applies to such trust.
  • 26 U.S.C. § 2056A(a)(1)
    Go to provision →
    (1) the trust instrument—
    (A) except as provided in regulations prescribed by the Secretary, requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation, and
    (B) provides that no distribution (other than a distribution of income) may be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from such distribution the tax imposed by this section on such distribution,
  • 26 U.S.C. § 2056A(a)(1)(A)
    Go to provision →
    (A) except as provided in regulations prescribed by the Secretary, requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation, and
  • 26 U.S.C. § 2056A(a)(1)(B)
    Go to provision →
    (B) provides that no distribution (other than a distribution of income) may be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from such distribution the tax imposed by this section on such distribution,
  • 26 U.S.C. § 2056A(a)(2)
    Go to provision →
    (2) such trust meets such requirements as the Secretary may by regulations prescribe to ensure the collection of any tax imposed by subsection (b), and
  • 26 U.S.C. § 2056A(a)(3)
    Go to provision →
    (3) an election under this section by the executor of the decedent applies to such trust.
  • 26 U.S.C. § 2056A(b)(1)(A)
    Go to provision →
    (A) any distribution before the date of the death of the surviving spouse from a qualified domestic trust, and
  • 26 U.S.C. § 2056A(b)(1)(B)
    Go to provision →
    (B) the value of the property remaining in a qualified domestic trust on the date of the death of the surviving spouse.
  • 26 U.S.C. § 2056A(b)(2)(A)(i)(II)
    Go to provision →
    (II) the aggregate amount involved in previous taxable events with respect to qualified domestic trusts of such decedent, reduced by
  • 26 U.S.C. § 2056A(b)(2)(C)
    Go to provision →
    (C) If there is more than 1 qualified domestic trust with respect to any decedent, the amount of the tax imposed by paragraph (1) with respect to such trusts shall be determined by using the highest rate of tax in effect under section 2001 as of the date of the decedent’s death (and the provisions of paragraph (3)(B) shall not apply) unless, pursuant to a designation made by the decedent’s executor, there is 1 person—
    (i) who is an individual citizen of the United States or a domestic corporation and is responsible for filing all returns of tax imposed under paragraph (1) with respect to such trusts and for paying all tax so imposed, and
    (ii) who meets such requirements as the Secretary may by regulations prescribe.
  • 26 U.S.C. § 2056A(b)(2)(C)(i)
    Go to provision →
    (i) who is an individual citizen of the United States or a domestic corporation and is responsible for filing all returns of tax imposed under paragraph (1) with respect to such trusts and for paying all tax so imposed, and
  • 26 U.S.C. § 2056A(b)(4)
    Go to provision →
    (4) If any qualified domestic trust ceases to meet the requirements of paragraphs (1) and (2) of subsection (a), the tax imposed by paragraph (1) shall apply as if the surviving spouse died on the date of such cessation.
  • 26 U.S.C. § 2056A(b)(10)(A)
    Go to provision →
    (A) If any property remaining in the qualified domestic trust on the date of the death of the surviving spouse is includible in the gross estate of such spouse for purposes of this chapter (or would be includible if such spouse were a citizen or resident of the United States), any benefit which is allowable (or would be allowable if such spouse were a citizen or resident of the United States) with respect to such property to the estate of such spouse under section 2014, 2032, 2032A, 2055, 2056, 2058, or 6166 shall be allowed for purposes of the tax imposed by paragraph (1)(B).
  • 26 U.S.C. § 2056A(b)(10)(C)
    Go to provision →
    (C) The provisions of section 6161(a)(2) shall apply with respect to the tax imposed by paragraph (1)(B), and the reference in such section to the executor shall be treated as a reference to the trustees of the trust.
  • 26 U.S.C. § 2056A(b)(11)
    Go to provision →
    (11) For purposes of this subsection, if any portion of the tax imposed by paragraph (1)(A) with respect to any distribution is paid out of the trust, an amount equal to the portion so paid shall be treated as a distribution described in paragraph (1)(A).
  • 26 U.S.C. § 2056A(b)(14)
    Go to provision →
    (14) Any interest in a qualified domestic trust shall not be treated as failing to meet the requirements of paragraph (5) or (7) of section 2056(b) merely by reason of any provision of the trust instrument permitting the withholding from any distribution of an amount to pay the tax imposed by paragraph (1) on such distribution.
  • 26 U.S.C. § 2056A(b)(15)
    Go to provision →
    (15) No tax shall be imposed by paragraph (1) on any distribution to the surviving spouse to the extent such distribution is to reimburse such surviving spouse for any tax imposed by subtitle A on any item of income of the trust to which such surviving spouse is not entitled under the terms of the trust.
  • 26 U.S.C. § 2056A(c)(3)
    Go to provision →
    (3) To the extent provided in regulations prescribed by the Secretary, the term “trust” includes other arrangements which have substantially the same effect as a trust.
  • 26 U.S.C. § 2056A(d)
    Go to provision →
    (d) An election under this section with respect to any trust shall be made by the executor on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. No election may be made under this section on any return if such return is filed more than one year after the time prescribed by law (including extensions) for filing such return.
  • 26 U.S.C. § 2056A(e)
    Go to provision →
    (e) The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations under which there may be treated as a qualified domestic trust any annuity or other payment which is includible in the decedent’s gross estate and is by its terms payable for life or a term of years.
  • 26 U.S.C. § 2104(b)
    Go to provision →
    (b) For purposes of this subchapter, any property of which the decedent has made a transfer, by trust or otherwise, within the meaning of sections 2035 to 2038, inclusive, shall be deemed to be situated in the United States, if so situated either at the time of the transfer or at the time of the decedent’s death.
  • 26 U.S.C. § 2106(a)(2)(A)(iii)
    Go to provision →
    (iii) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used within the United States by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
  • 26 U.S.C. § 2107(b)
    Go to provision →
    (b) For purposes of the tax imposed by subsection (a), the value of the gross estate of every decedent to whom subsection (a) applies shall be determined as provided in section 2103, except that—
    (1) if such decedent owned (within the meaning of section 958(a)) at the time of his death 10 percent or more of the total combined voting power of all classes of stock entitled to vote of a foreign corporation, and
    (2) if such decedent owned (within the meaning of section 958(a)), or is considered to have owned (by applying the ownership rules of section 958(b)), at the time of his death, more than 50 percent of—
    (A) the total combined voting power of all classes of stock entitled to vote of such corporation, or
    (B) the total value of the stock of such corporation,
    then that proportion of the fair market value of the stock of such foreign corporation owned (within the meaning of section 958(a)) by such decedent at the time of his death, which the fair market value of any assets owned by such foreign corporation and situated in the United States, at the time of his death, bears to the total fair market value of all assets owned by such foreign corporation at the time of his death, shall be included in the gross estate of such decedent. For purposes of the preceding sentence, a decedent shall be treated as owning stock of a foreign corporation at the time of his death if, at the time of a transfer, by trust or otherwise, within the meaning of sections 2035 to 2038, inclusive, he owned such stock.
  • 26 U.S.C. § 2207A(a)(2)
    Go to provision →
    (2) Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.
  • 26 U.S.C. § 2207B(a)(2)
    Go to provision →
    (2) Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.
  • 26 U.S.C. § 2207B(d)
    Go to provision →
    (d) No person shall be entitled to recover any amount by reason of this section from a trust to which section 664 applies (determined without regard to this section).
  • 26 U.S.C. § 2511(a)
    Go to provision →
    (a) Subject to the limitations contained in this chapter, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible; but in the case of a nonresident not a citizen of the United States, shall apply to a transfer only if the property is situated within the United States.
  • 26 U.S.C. § 2522(a)(2)
    Go to provision →
    (2) a corporation, or trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), including the encouragement of art and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
  • 26 U.S.C. § 2522(b)(3)
    Go to provision →
    (3) a trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; but only if such gifts are to be used within the United States exclusively for such purposes;
  • 26 U.S.C. § 2522(c)(1)
    Go to provision →
    (1) No deduction shall be allowed under this section for a gift to or for the use of an organization or trust described in section 508(d) or 4948(c)(4) subject to the conditions specified in such sections.
  • 26 U.S.C. § 2522(c)(2)(A)
    Go to provision →
    (A) in the case of a remainder interest, such interest is in a trust which is a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664) or a pooled income fund (described in section 642(c)(5)), or
  • 26 U.S.C. § 2523(g)(1)
    Go to provision →
    (1) If, after the transfer, the donee spouse is the only beneficiary who is not a charitable beneficiary (other than the donor) of a qualified charitable remainder trust, subsection (b) shall not apply to the interest in such trust which is transferred to the donee spouse.
  • 26 U.S.C. § 2523(g)(2)
    Go to provision →
    (2) For purposes of paragraph (1), the term “charitable beneficiary” and “qualified charitable remainder trust” have the meanings given to such terms by section 2056(b)(8)(B).
  • 26 U.S.C. § 2603(a)(2)
    Go to provision →
    (2) In the case of a taxable termination or a direct skip from a trust, the tax shall be paid by the trustee.
  • 26 U.S.C. § 2603(a)(3)
    Go to provision →
    (3) In the case of a direct skip (other than a direct skip from a trust), the tax shall be paid by the transferor.
  • 26 U.S.C. § 2612(a)(1)
    Go to provision →
    (1) For purposes of this chapter, the term “taxable termination” means the termination (by death, lapse of time, release of power, or otherwise) of an interest in property held in a trust unless—
    (A) immediately after such termination, a non-skip person has an interest in such property, or
    (B) at no time after such termination may a distribution (including distributions on termination) be made from such trust to a skip person.
  • 26 U.S.C. § 2612(a)(1)(B)
    Go to provision →
    (B) at no time after such termination may a distribution (including distributions on termination) be made from such trust to a skip person.
  • 26 U.S.C. § 2612(a)(2)
    Go to provision →
    (2) If, upon the termination of an interest in property held in trust by reason of the death of a lineal descendant of the transferor, a specified portion of the trust’s assets are distributed to 1 or more skip persons (or 1 or more trusts for the exclusive benefit of such persons), such termination shall constitute a taxable termination with respect to such portion of the trust property.
  • 26 U.S.C. § 2612(b)
    Go to provision →
    (b) For purposes of this chapter, the term “taxable distribution” means any distribution from a trust to a skip person (other than a taxable termination or a direct skip).
  • 26 U.S.C. § 2612(c)(2)
    Go to provision →
    (2) Solely for purposes of determining whether any transfer to a trust is a direct skip, the rules of section 2651(f)(2) shall not apply.
  • 26 U.S.C. § 2613(a)(2)
    Go to provision →
    (2) a trust—
    (A) if all interests in such trust are held by skip persons, or
    (B) if—
    (i) there is no person holding an interest in such trust, and
    (ii) at no time after such transfer may a distribution (including distributions on termination) be made from such trust to a nonskip person.
  • 26 U.S.C. § 2613(a)(2)(A)
    Go to provision →
    (A) if all interests in such trust are held by skip persons, or
  • 26 U.S.C. § 2613(a)(2)(B)(i)
    Go to provision →
    (i) there is no person holding an interest in such trust, and
  • 26 U.S.C. § 2613(a)(2)(B)(ii)
    Go to provision →
    (ii) at no time after such transfer may a distribution (including distributions on termination) be made from such trust to a nonskip person.
  • 26 U.S.C. § 2621(b)
    Go to provision →
    (b) For purposes of this chapter, if any of the tax imposed by this chapter with respect to any taxable distribution is paid out of the trust, an amount equal to the portion so paid shall be treated as a taxable distribution.
  • 26 U.S.C. § 2624(c)
    Go to provision →
    (c) If 1 or more taxable terminations with respect to the same trust occur at the same time as and as a result of the death of an individual, an election may be made to value all of the property included in such terminations in accordance with section 2032.
  • 26 U.S.C. § 2632(c)(3)(A)
    Go to provision →
    (A) For purposes of this subsection, the term “indirect skip” means any transfer of property (other than a direct skip) subject to the tax imposed by chapter 12 made to a GST trust.
  • 26 U.S.C. § 2632(c)(3)(B)
    Go to provision →
    (B) The term “GST trust” means a trust that could have a generation-skipping transfer with respect to the transferor unless—
    (i) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons—
    (I) before the date that the individual attains age 46,
    (II) on or before one or more dates specified in the trust instrument that will occur before the date that such individual attains age 46, or
    (III) upon the occurrence of an event that, in accordance with regulations prescribed by the Secretary, may reasonably be expected to occur before the date that such individual attains age 46,
    (ii) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons and who are living on the date of death of another person identified in the instrument (by name or by class) who is more than 10 years older than such individuals,
    (iii) the trust instrument provides that, if one or more individuals who are non-skip persons die on or before a date or event described in clause (i) or (ii), more than 25 percent of the trust corpus either must be distributed to the estate or estates of one or more of such individuals or is subject to a general power of appointment exercisable by one or more of such individuals,
    (iv) the trust is a trust any portion of which would be included in the gross estate of a non-skip person (other than the transferor) if such person died immediately after the transfer,
    (v) the trust is a charitable lead annuity trust (within the meaning of section 2642(e)(3)(A)) or a charitable remainder annuity trust or a charitable remainder unitrust (within the meaning of section 664(d)), or
    (vi) the trust is a trust with respect to which a deduction was allowed under section 2522 for the amount of an interest in the form of the right to receive annual payments of a fixed percentage of the net fair market value of the trust property (determined yearly) and which is required to pay principal to a non-skip person if such person is alive when the yearly payments for which the deduction was allowed terminate.
    For purposes of this subparagraph, the value of transferred property shall not be considered to be includible in the gross estate of a non-skip person or subject to a right of withdrawal by reason of such person holding a right to withdraw so much of such property as does not exceed the amount referred to in section 2503(b) with respect to any transferor, and it shall be assumed that powers of appointment held by non-skip persons will not be exercised.
  • 26 U.S.C. § 2632(c)(3)(B)(i)
    Go to provision →
    (i) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons—
    (I) before the date that the individual attains age 46,
    (II) on or before one or more dates specified in the trust instrument that will occur before the date that such individual attains age 46, or
    (III) upon the occurrence of an event that, in accordance with regulations prescribed by the Secretary, may reasonably be expected to occur before the date that such individual attains age 46,
  • 26 U.S.C. § 2632(c)(3)(B)(i)(II)
    Go to provision →
    (II) on or before one or more dates specified in the trust instrument that will occur before the date that such individual attains age 46, or
  • 26 U.S.C. § 2632(c)(3)(B)(ii)
    Go to provision →
    (ii) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons and who are living on the date of death of another person identified in the instrument (by name or by class) who is more than 10 years older than such individuals,
  • 26 U.S.C. § 2632(c)(3)(B)(iii)
    Go to provision →
    (iii) the trust instrument provides that, if one or more individuals who are non-skip persons die on or before a date or event described in clause (i) or (ii), more than 25 percent of the trust corpus either must be distributed to the estate or estates of one or more of such individuals or is subject to a general power of appointment exercisable by one or more of such individuals,
  • 26 U.S.C. § 2632(c)(3)(B)(iv)
    Go to provision →
    (iv) the trust is a trust any portion of which would be included in the gross estate of a non-skip person (other than the transferor) if such person died immediately after the transfer,
  • 26 U.S.C. § 2632(c)(3)(B)(v)
    Go to provision →
    (v) the trust is a charitable lead annuity trust (within the meaning of section 2642(e)(3)(A)) or a charitable remainder annuity trust or a charitable remainder unitrust (within the meaning of section 664(d)), or
  • 26 U.S.C. § 2632(c)(3)(B)(vi)
    Go to provision →
    (vi) the trust is a trust with respect to which a deduction was allowed under section 2522 for the amount of an interest in the form of the right to receive annual payments of a fixed percentage of the net fair market value of the trust property (determined yearly) and which is required to pay principal to a non-skip person if such person is alive when the yearly payments for which the deduction was allowed terminate.
  • 26 U.S.C. § 2632(c)(4)
    Go to provision →
    (4) For purposes of this subsection, an indirect skip to which section 2642(f) applies shall be deemed to have been made only at the close of the estate tax inclusion period. The fair market value of such transfer shall be the fair market value of the trust property at the close of the estate tax inclusion period.
  • 26 U.S.C. § 2632(c)(5)(A)(i)(II)
    Go to provision →
    (II) any or all transfers made by such individual to a particular trust, and
  • 26 U.S.C. § 2632(c)(5)(A)(ii)
    Go to provision →
    (ii) may elect to treat any trust as a GST trust for purposes of this subsection with respect to any or all transfers made by such individual to such trust.
  • 26 U.S.C. § 2632(d)(1)
    Go to provision →
    (1) If—
    (A) a non-skip person has an interest or a future interest in a trust to which any transfer has been made,
    (B) such person—
    (i) is a lineal descendant of a grandparent of the transferor or of a grandparent of the transferor’s spouse or former spouse, and
    (ii) is assigned to a generation below the generation assignment of the transferor, and
    (C) such person predeceases the transferor,
    then the transferor may make an allocation of any of such transferor’s unused GST exemption to any previous transfer or transfers to the trust on a chronological basis.
  • 26 U.S.C. § 2632(d)(1)(A)
    Go to provision →
    (A) a non-skip person has an interest or a future interest in a trust to which any transfer has been made,
  • 26 U.S.C. § 2632(d)(3)
    Go to provision →
    (3) For purposes of this subsection, a person has a future interest in a trust if the trust may permit income or corpus to be paid to such person on a date or dates in the future.
  • 26 U.S.C. § 2632(e)(1)(B)
    Go to provision →
    (B) second, to trusts with respect to which such individual is the transferor and from which a taxable distribution or a taxable termination might occur at or after such individual’s death.
  • 26 U.S.C. § 2632(e)(2)(A)
    Go to provision →
    (A) The allocation under paragraph (1) shall be made among the properties described in subparagraph (A) thereof and the trusts described in subparagraph (B) thereof, as the case may be, in proportion to the respective amounts (at the time of allocation) of the nonexempt portions of such properties or trusts.
  • 26 U.S.C. § 2632(e)(2)(B)
    Go to provision →
    (B) For purposes of subparagraph (A), the term “nonexempt portion” means the value (at the time of allocation) of the property or trust, multiplied by the inclusion ratio with respect to such property or trust.
  • 26 U.S.C. § 2642(a)(1)(A)
    Go to provision →
    (A) except as provided in subparagraph (B), the applicable fraction determined for the trust from which such transfer is made, or
  • 26 U.S.C. § 2642(a)(2)(A)
    Go to provision →
    (A) the numerator of which is the amount of the GST exemption allocated to the trust (or in the case of a direct skip, allocated to the property transferred in such skip), and
  • 26 U.S.C. § 2642(a)(2)(B)(i)
    Go to provision →
    (i) the value of the property transferred to the trust (or involved in the direct skip), reduced by
  • 26 U.S.C. § 2642(a)(2)(B)(ii)(I)
    Go to provision →
    (I) any Federal estate tax or State death tax actually recovered from the trust attributable to such property, and
  • 26 U.S.C. § 2642(a)(3)(A)
    Go to provision →
    (A) If a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter for purposes of this chapter.
  • 26 U.S.C. § 2642(a)(3)(B)(i)
    Go to provision →
    (i) The term “qualified severance” means the division of a single trust and the creation (by any means available under the governing instrument or under local law) of two or more trusts if—
    (I) the single trust was divided on a fractional basis, and
    (II) the terms of the new trusts, in the aggregate, provide for the same succession of interests of beneficiaries as are provided in the original trust.
  • 26 U.S.C. § 2642(a)(3)(B)(i)(I)
    Go to provision →
    (I) the single trust was divided on a fractional basis, and
  • 26 U.S.C. § 2642(a)(3)(B)(i)(II)
    Go to provision →
    (II) the terms of the new trusts, in the aggregate, provide for the same succession of interests of beneficiaries as are provided in the original trust.
  • 26 U.S.C. § 2642(a)(3)(B)(ii)
    Go to provision →
    (ii) If a trust has an inclusion ratio of greater than zero and less than 1, a severance is a qualified severance only if the single trust is divided into two trusts, one of which receives a fractional share of the total value of all trust assets equal to the applicable fraction of the single trust immediately before the severance. In such case, the trust receiving such fractional share shall have an inclusion ratio of zero and the other trust shall have an inclusion ratio of 1.
  • 26 U.S.C. § 2642(c)(2)
    Go to provision →
    (2) Paragraph (1) shall not apply to any transfer to a trust for the benefit of an individual unless—
    (A) during the life of such individual, no portion of the corpus or income of the trust may be distributed to (or for the benefit of) any person other than such individual, and
    (B) if the trust does not terminate before the individual dies, the assets of such trust will be includible in the gross estate of such individual.
    Rules similar to the rules of section 2652(c)(3) shall apply for purposes of subparagraph (A).
  • 26 U.S.C. § 2642(c)(2)(A)
    Go to provision →
    (A) during the life of such individual, no portion of the corpus or income of the trust may be distributed to (or for the benefit of) any person other than such individual, and
  • 26 U.S.C. § 2642(c)(2)(B)
    Go to provision →
    (B) if the trust does not terminate before the individual dies, the assets of such trust will be includible in the gross estate of such individual.
  • 26 U.S.C. § 2642(d)(1)
    Go to provision →
    (1) If a transfer of property is made to a trust in existence before such transfer, the applicable fraction for such trust shall be recomputed as of the time of such transfer in the manner provided in paragraph (2).
  • 26 U.S.C. § 2642(d)(2)(A)(ii)
    Go to provision →
    (ii) the nontax portion of such trust immediately before such transfer, and
  • 26 U.S.C. § 2642(d)(2)(B)(i)(I)
    Go to provision →
    (I) any Federal estate tax or State death tax actually recovered from the trust attributable to such property, and
  • 26 U.S.C. § 2642(d)(2)(B)(ii)
    Go to provision →
    (ii) the value of all of the property in the trust (immediately before such transfer).
  • 26 U.S.C. § 2642(d)(3)(A)
    Go to provision →
    (A) the value of all of the property in the trust, and
  • 26 U.S.C. § 2642(d)(3)(B)
    Go to provision →
    (B) the applicable fraction in effect for such trust.
  • 26 U.S.C. § 2642(d)(4)
    Go to provision →
    (4) If—
    (A) any allocation of the GST exemption to property transferred to a trust is not made on a timely filed gift tax return required by section 6019, and
    (B) there was a previous allocation with respect to property transferred to such trust,
    the applicable fraction for such trust shall be recomputed as of the time of such allocation under rules similar to the rules of paragraph (2).
  • 26 U.S.C. § 2642(d)(4)(A)
    Go to provision →
    (A) any allocation of the GST exemption to property transferred to a trust is not made on a timely filed gift tax return required by section 6019, and
  • 26 U.S.C. § 2642(d)(4)(B)
    Go to provision →
    (B) there was a previous allocation with respect to property transferred to such trust,
  • 26 U.S.C. § 2642(e)(1)
    Go to provision →
    (1) For purposes of determining the inclusion ratio for any charitable lead annuity trust, the applicable fraction shall be a fraction—
    (A) the numerator of which is the adjusted GST exemption, and
    (B) the denominator of which is the value of all of the property in such trust immediately after the termination of the charitable lead annuity.
  • 26 U.S.C. § 2642(e)(1)(B)
    Go to provision →
    (B) the denominator of which is the value of all of the property in such trust immediately after the termination of the charitable lead annuity.
  • 26 U.S.C. § 2642(e)(2)
    Go to provision →
    (2) For purposes of paragraph (1), the adjusted GST exemption is an amount equal to the GST exemption allocated to the trust increased by interest determined—
    (A) at the interest rate used in determining the amount of the deduction under section 2055 or 2522 (as the case may be) for the charitable lead annuity, and
    (B) for the actual period of the charitable lead annuity.
  • 26 U.S.C. § 2642(e)(3)(A)
    Go to provision →
    (A) The term “charitable lead annuity trust” means any trust in which there is a charitable lead annuity.
  • 26 U.S.C. § 2642(g)(1)(B)
    Go to provision →
    (B) In determining whether to grant relief under this paragraph, the Secretary shall take into account all relevant circumstances, including evidence of intent contained in the trust instrument or instrument of transfer and such other factors as the Secretary deems relevant. For purposes of determining whether to grant relief under this paragraph, the time for making the allocation (or election) shall be treated as if not expressly prescribed by statute.
  • 26 U.S.C. § 2642(g)(2)
    Go to provision →
    (2) An allocation of GST exemption under section 2632 that demonstrates an intent to have the lowest possible inclusion ratio with respect to a transfer or a trust shall be deemed to be an allocation of so much of the transferor’s unused GST exemption as produces the lowest possible inclusion ratio. In determining whether there has been substantial compliance, all relevant circumstances shall be taken into account, including evidence of intent contained in the trust instrument or instrument of transfer and such other factors as the Secretary deems relevant.
  • 26 U.S.C. § 2651(f)(2)
    Go to provision →
    (2) Except as provided in paragraph (3), if an estate, trust, partnership, corporation, or other entity has an interest in property, each individual having a beneficial interest in such entity shall be treated as having an interest in such property and shall be assigned to a generation under the foregoing provisions of this subsection.
  • 26 U.S.C. § 2651(f)(3)(B)
    Go to provision →
    (B) charitable trust described in section 511(b)(2), and
  • 26 U.S.C. § 2653(a)
    Go to provision →
    (a) For purposes of this chapter, if—
    (1) there is a generation-skipping transfer of any property, and
    (2) immediately after such transfer such property is held in trust,
    for purposes of applying this chapter (other than section 2651) to subsequent transfers from the portion of such trust attributable to such property, the trust will be treated as if the transferor of such property were assigned to the first generation above the highest generation of any person who has an interest in such trust immediately after the transfer.
  • 26 U.S.C. § 2653(a)(2)
    Go to provision →
    (2) immediately after such transfer such property is held in trust,
  • 26 U.S.C. § 2653(b)(1)
    Go to provision →
    (1) Except as provided in paragraph (2), the provisions of subsection (a) shall not affect the inclusion ratio determined with respect to any trust. Under regulations prescribed by the Secretary, notwithstanding the preceding sentence, proper adjustment shall be made to the inclusion ratio with respect to such trust to take into account any tax under this chapter borne by such trust which is imposed by this chapter on the transfer described in subsection (a).
  • 26 U.S.C. § 2653(b)(2)(A)
    Go to provision →
    (A) If the generation-skipping transfer referred to in subsection (a) involves the transfer of property from 1 trust to another trust (hereinafter in this paragraph referred to as the “pour-over trust”), the inclusion ratio for the pour-over trust shall be determined by treating the nontax portion of such distribution as if it were a part of a GST exemption allocated to such trust.
  • 26 U.S.C. § 2654(b)
    Go to provision →
    (b) For purposes of this chapter—
    (1) the portions of a trust attributable to transfers from different transferors shall be treated as separate trusts, and
    (2) substantially separate and independent shares of different beneficiaries in a trust shall be treated as separate trusts.
    Except as provided in the preceding sentence, nothing in this chapter shall be construed as authorizing a single trust to be treated as 2 or more trusts. For purposes of this subsection, a trust shall be treated as part of an estate during any period that the trust is so treated under section 645.
  • 26 U.S.C. § 2654(b)(1)
    Go to provision →
    (1) the portions of a trust attributable to transfers from different transferors shall be treated as separate trusts, and
  • 26 U.S.C. § 2654(b)(2)
    Go to provision →
    (2) substantially separate and independent shares of different beneficiaries in a trust shall be treated as separate trusts.
  • 26 U.S.C. § 2654(d)(1)
    Go to provision →
    (1) section 2642(c) (relating to exemption of certain nontaxable gifts) does not apply to a transfer to the trust which was made during the life of the transferor and for which a gift tax return was not filed, or
  • 26 U.S.C. § 2654(d)(2)
    Go to provision →
    (2) the inclusion ratio with respect to the trust is greater than the amount of such ratio as computed on the basis of the return on which was made (or was deemed made) an allocation of the GST exemption to property transferred to such trust.
  • 26 U.S.C. § 2662(a)(2)(A)
    Go to provision →
    (A) in the case of a direct skip (other than from a trust), on or before the date on which an estate or gift tax return is required to be filed with respect to the transfer, and
  • 26 U.S.C. § 2663(3)
    Go to provision →
    (3) regulations providing for such adjustments as may be necessary to the application of this chapter in the case of any arrangement which, although not a trust, is treated as a trust under section 2652(b).
  • 26 U.S.C. § 2701(e)(3)
    Go to provision →
    (3) An individual shall be treated as holding any interest to the extent such interest is held indirectly by such individual through a corporation, partnership, trust, or other entity. If any individual is treated as holding any interest by reason of the preceding sentence, any transfer which results in such interest being treated as no longer held by such individual shall be treated as a transfer of such interest.
  • 26 U.S.C. § 2702(a)(1)
    Go to provision →
    (1) Solely for purposes of determining whether a transfer of an interest in trust to (or for the benefit of) a member of the transferor’s family is a gift (and the value of such transfer), the value of any interest in such trust retained by the transferor or any applicable family member (as defined in section 2701(e)(2)) shall be determined as provided in paragraph (2).
  • 26 U.S.C. § 2702(a)(3)(A)(ii)
    Go to provision →
    (ii) if such transfer involves the transfer of an interest in trust all the property in which consists of a residence to be used as a personal residence by persons holding term interests in such trust, or
  • 26 U.S.C. § 2702(b)(2)
    Go to provision →
    (2) any interest which consists of the right to receive amounts which are payable not less frequently than annually and are a fixed percentage of the fair market value of the property in the trust (determined annually), and
  • 26 U.S.C. § 2702(b)(3)
    Go to provision →
    (3) any noncontingent remainder interest if all of the other interests in the trust consist of interests described in paragraph (1) or (2).
  • 26 U.S.C. § 2702(c)(1)
    Go to provision →
    (1) The transfer of an interest in property with respect to which there is 1 or more term interests shall be treated as a transfer of an interest in a trust.
  • 26 U.S.C. § 2702(d)
    Go to provision →
    (d) In the case of a transfer of an income or remainder interest with respect to a specified portion of the property in a trust, only such portion shall be taken into account in applying this section to such transfer.
  • 26 U.S.C. § 2801(e)(4)(A)
    Go to provision →
    (A) In the case of a covered gift or bequest made to a domestic trust—
    (i) subsection (a) shall apply in the same manner as if such trust were a United States citizen, and
    (ii) the tax imposed by subsection (a) on such gift or bequest shall be paid by such trust.
  • 26 U.S.C. § 2801(e)(4)(A)(i)
    Go to provision →
    (i) subsection (a) shall apply in the same manner as if such trust were a United States citizen, and
  • 26 U.S.C. § 2801(e)(4)(A)(ii)
    Go to provision →
    (ii) the tax imposed by subsection (a) on such gift or bequest shall be paid by such trust.
  • 26 U.S.C. § 2801(e)(4)(B)(i)
    Go to provision →
    (i) In the case of a covered gift or bequest made to a foreign trust, subsection (a) shall apply to any distribution attributable to such gift or bequest from such trust (whether from income or corpus) to a United States citizen or resident in the same manner as if such distribution were a covered gift or bequest.
  • 26 U.S.C. § 2801(e)(4)(B)(ii)
    Go to provision →
    (ii) There shall be allowed as a deduction under section 164 the amount of tax imposed by this section which is paid or accrued by a United States citizen or resident by reason of a distribution from a foreign trust, but only to the extent such tax is imposed on the portion of such distribution which is included in the gross income of such citizen or resident.
  • 26 U.S.C. § 2801(e)(4)(B)(iii)
    Go to provision →
    (iii) Solely for purposes of this section, a foreign trust may elect to be treated as a domestic trust. Such an election may be revoked with the consent of the Secretary.

Citations to §2652(b)(2)

  • 26 U.S.C. § 2031(c)(8)(C)(iv)
    Go to provision →
    (iv) the trustee of a trust the corpus of which includes the land to be subject to the qualified conservation easement.
  • 26 U.S.C. § 2032(b)
    Go to provision →
    (b) No deduction under this chapter of any item shall be allowed if allowance for such items is in effect given by the alternate valuation provided by this section. Wherever in any other subsection or section of this chapter reference is made to the value of property at the time of the decedent’s death, such reference shall be deemed to refer to the value of such property used in determining the value of the gross estate. In case of an election made by the executor under this section, then—
    (1) for purposes of the charitable deduction under section 2055 or 2106(a)(2), any bequest, legacy, devise, or transfer enumerated therein, and
    (2) for the purpose of the marital deduction under section 2056, any interest in property passing to the surviving spouse,
    shall be valued as of the date of the decedent’s death with adjustment for any difference in value (not due to mere lapse of time or the occurrence or nonoccurrence of a contingency) of the property as of the date 6 months after the decedent’s death (substituting, in the case of property distributed by the executor or trustee, or sold, exchanged, or otherwise disposed of, during such 6-month period, the date thereof).
  • 26 U.S.C. § 2055(a)(3)
    Go to provision →
    (3) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
  • 26 U.S.C. § 2056(b)(1)(C)
    Go to provision →
    (C) if such interest is to be acquired for the surviving spouse, pursuant to directions of the decedent, by his executor or by the trustee of a trust.
  • 26 U.S.C. § 2056A(a)(1)(A)
    Go to provision →
    (A) except as provided in regulations prescribed by the Secretary, requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation, and
  • 26 U.S.C. § 2056A(a)(1)(B)
    Go to provision →
    (B) provides that no distribution (other than a distribution of income) may be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from such distribution the tax imposed by this section on such distribution,
  • 26 U.S.C. § 2056A(b)(6)
    Go to provision →
    (6) Each trustee shall be personally liable for the amount of the tax imposed by paragraph (1). Rules similar to the rules of section 2204 shall apply for purposes of the preceding sentence.
  • 26 U.S.C. § 2056A(b)(10)(C)
    Go to provision →
    (C) The provisions of section 6161(a)(2) shall apply with respect to the tax imposed by paragraph (1)(B), and the reference in such section to the executor shall be treated as a reference to the trustees of the trust.
  • 26 U.S.C. § 2106(a)(2)(A)(iii)
    Go to provision →
    (iii) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used within the United States by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
  • 26 U.S.C. § 2603(a)(2)
    Go to provision →
    (2) In the case of a taxable termination or a direct skip from a trust, the tax shall be paid by the trustee.
  • 26 U.S.C. § 2654(d)
    Go to provision →
    (d) A trustee shall not be personally liable for any increase in the tax imposed by section 2601 which is attributable to the fact that—
    (1) section 2642(c) (relating to exemption of certain nontaxable gifts) does not apply to a transfer to the trust which was made during the life of the transferor and for which a gift tax return was not filed, or
    (2) the inclusion ratio with respect to the trust is greater than the amount of such ratio as computed on the basis of the return on which was made (or was deemed made) an allocation of the GST exemption to property transferred to such trust.
    The preceding sentence shall not apply if the trustee has knowledge of facts sufficient reasonably to conclude that a gift tax return was required to be filed or that the inclusion ratio was erroneous.

Citations to §2652(c)(3)

  • 26 U.S.C. § 2642(c)(2)
    Go to provision →
    (2) Paragraph (1) shall not apply to any transfer to a trust for the benefit of an individual unless—
    (A) during the life of such individual, no portion of the corpus or income of the trust may be distributed to (or for the benefit of) any person other than such individual, and
    (B) if the trust does not terminate before the individual dies, the assets of such trust will be includible in the gross estate of such individual.
    Rules similar to the rules of section 2652(c)(3) shall apply for purposes of subparagraph (A).

Citations to §2652(d)

  • 26 U.S.C. § 2002
    Go to provision →
    The tax imposed by this chapter shall be paid by the executor.
  • 26 U.S.C. § 2010(c)(5)(A)
    Go to provision →
    (A) A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (2) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return.
  • 26 U.S.C. § 2016
    Go to provision →
    If any tax claimed as a credit under section 2014 is recovered from any foreign country, the executor, or any other person or persons recovering such amount, shall give notice of such recovery to the Secretary at such time and in such manner as may be required by regulations prescribed by him, and the Secretary shall (despite the provisions of section 6501) redetermine the amount of the tax under this chapter and the amount, if any, of the tax due on such redetermination, shall be paid by the executor or such person or persons, as the case may be, on notice and demand. No interest shall be assessed or collected on any amount of tax due on any redetermination by the Secretary resulting from a refund to the executor of tax claimed as a credit under section 2014, for any period before the receipt of such refund, except to the extent interest was paid by the foreign country on such refund.
  • 26 U.S.C. § 2031(c)(1)
    Go to provision →
    (1) If the executor makes the election described in paragraph (6), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the lesser of—
    (A) the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land, or
    (B) $500,000.
  • 26 U.S.C. § 2031(c)(7)
    Go to provision →
    (7) An executor making the election described in paragraph (6) shall, for purposes of calculating the amount of tax imposed by section 2001, include the value of any development right (as defined in paragraph (5)) retained by the donor in the conveyance of such qualified conservation easement. The computation of tax on any retained development right prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe.
  • 26 U.S.C. § 2031(c)(8)(C)(iii)
    Go to provision →
    (iii) the executor of the decedent’s estate, or
  • 26 U.S.C. § 2031(d)
    Go to provision →
    (d) For executor’s right to be furnished on request a statement regarding any valuation made by the Secretary within the gross estate, see section 7517.
  • 26 U.S.C. § 2032(a)
    Go to provision →
    (a) The value of the gross estate may be determined, if the executor so elects, by valuing all the property included in the gross estate as follows:
    (1) In the case of property distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date of distribution, sale, exchange, or other disposition.
    (2) In the case of property not distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date 6 months after the decedent’s death.
    (3) Any interest or estate which is affected by mere lapse of time shall be included at its value as of the time of death (instead of the later date) with adjustment for any difference in its value as of the later date not due to mere lapse of time.
  • 26 U.S.C. § 2032(b)
    Go to provision →
    (b) No deduction under this chapter of any item shall be allowed if allowance for such items is in effect given by the alternate valuation provided by this section. Wherever in any other subsection or section of this chapter reference is made to the value of property at the time of the decedent’s death, such reference shall be deemed to refer to the value of such property used in determining the value of the gross estate. In case of an election made by the executor under this section, then—
    (1) for purposes of the charitable deduction under section 2055 or 2106(a)(2), any bequest, legacy, devise, or transfer enumerated therein, and
    (2) for the purpose of the marital deduction under section 2056, any interest in property passing to the surviving spouse,
    shall be valued as of the date of the decedent’s death with adjustment for any difference in value (not due to mere lapse of time or the occurrence or nonoccurrence of a contingency) of the property as of the date 6 months after the decedent’s death (substituting, in the case of property distributed by the executor or trustee, or sold, exchanged, or otherwise disposed of, during such 6-month period, the date thereof).
  • 26 U.S.C. § 2032(d)(1)
    Go to provision →
    (1) The election provided for in this section shall be made by the executor on the return of the tax imposed by this chapter. Such election, once made, shall be irrevocable.
  • 26 U.S.C. § 2032A(a)(1)(B)
    Go to provision →
    (B) the executor elects the application of this section and files the agreement referred to in subsection (d)(2),
  • 26 U.S.C. § 2032A(d)(3)
    Go to provision →
    (3) The Secretary shall prescribe procedures which provide that in any case in which the executor makes an election under paragraph (1) (and submits the agreement referred to in paragraph (2)) within the time prescribed therefor, but—
    (A) the notice of election, as filed, does not contain all required information, or
    (B) signatures of 1 or more persons required to enter into the agreement described in paragraph (2) are not included on the agreement as filed, or the agreement does not contain all required information,
    the executor will have a reasonable period of time (not exceeding 90 days) after notification of such failures to provide such information or signatures.
  • 26 U.S.C. § 2032A(e)(7)(C)(ii)
    Go to provision →
    (ii) where the executor elects to have the value of the farm for farming purposes determined and that there is no comparable land from which the average net share rental may be determined under paragraph (8).
  • 26 U.S.C. § 2032A(e)(13)(A)
    Go to provision →
    (A) In the case of any qualified woodland with respect to which the executor elects to have this subparagraph apply, trees growing on such woodland shall not be treated as a crop.
  • 26 U.S.C. § 2042(1)
    Go to provision →
    (1) To the extent of the amount receivable by the executor as insurance under policies on the life of the decedent.
  • 26 U.S.C. § 2053(d)(1)
    Go to provision →
    (1) Notwithstanding the provisions of subsection (c)(1)(B), for purposes of the tax imposed by section 2001, the value of the taxable estate may be determined, if the executor so elects before the expiration of the period of limitation for assessment provided in section 6501, by deducting from the value of the gross estate the amount (as determined in accordance with regulations prescribed by the Secretary) of any estate, succession, legacy, or inheritance tax imposed by and actually paid to any foreign country, in respect of any property situated within such foreign country and included in the gross estate of a citizen or resident of the United States, upon a transfer by the decedent for public, charitable, or religious uses described in section 2055. The determination under this paragraph of the country within which property is situated shall be made in accordance with the rules applicable under subchapter B (sec. 2101 and following) in determining whether property is situated within or without the United States. Any election under this paragraph shall be exercised in accordance with regulations prescribed by the Secretary.
  • 26 U.S.C. § 2056(b)(1)(C)
    Go to provision →
    (C) if such interest is to be acquired for the surviving spouse, pursuant to directions of the decedent, by his executor or by the trustee of a trust.
  • 26 U.S.C. § 2056(b)(7)(B)(v)
    Go to provision →
    (v) An election under this paragraph with respect to any property shall be made by the executor on the return of tax imposed by section 2001. Such an election, once made, shall be irrevocable.
  • 26 U.S.C. § 2056(b)(7)(C)(ii)
    Go to provision →
    (ii) the executor shall be treated as having made an election under this subsection with respect to such annuity unless the executor otherwise elects on the return of tax imposed by section 2001.
  • 26 U.S.C. § 2056A(a)(3)
    Go to provision →
    (3) an election under this section by the executor of the decedent applies to such trust.
  • 26 U.S.C. § 2056A(b)(2)(C)
    Go to provision →
    (C) If there is more than 1 qualified domestic trust with respect to any decedent, the amount of the tax imposed by paragraph (1) with respect to such trusts shall be determined by using the highest rate of tax in effect under section 2001 as of the date of the decedent’s death (and the provisions of paragraph (3)(B) shall not apply) unless, pursuant to a designation made by the decedent’s executor, there is 1 person—
    (i) who is an individual citizen of the United States or a domestic corporation and is responsible for filing all returns of tax imposed under paragraph (1) with respect to such trusts and for paying all tax so imposed, and
    (ii) who meets such requirements as the Secretary may by regulations prescribe.
  • 26 U.S.C. § 2056A(b)(10)(C)
    Go to provision →
    (C) The provisions of section 6161(a)(2) shall apply with respect to the tax imposed by paragraph (1)(B), and the reference in such section to the executor shall be treated as a reference to the trustees of the trust.
  • 26 U.S.C. § 2056A(d)
    Go to provision →
    (d) An election under this section with respect to any trust shall be made by the executor on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. No election may be made under this section on any return if such return is filed more than one year after the time prescribed by law (including extensions) for filing such return.
  • 26 U.S.C. § 2106(b)
    Go to provision →
    (b) No deduction shall be allowed under paragraphs (1) and (2) of subsection (a) in the case of a nonresident not a citizen of the United States unless the executor includes in the return required to be filed under section 6018 the value at the time of his death of that part of the gross estate of such nonresident not situated in the United States.
  • 26 U.S.C. § 2107(d)
    Go to provision →
    (d) If the Secretary establishes that it is reasonable to believe that an individual’s loss of United States citizenship would, but for this section, result in a substantial reduction in the estate, inheritance, legacy, and succession taxes in respect of the transfer of his estate, the burden of proving that such loss of citizenship did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle A shall be on the executor of such individual’s estate.
  • 26 U.S.C. § 2201(a)
    Go to provision →
    (a) Unless the executor elects not to have this section apply, in applying sections 2001 and 2101 to the estate of a qualified decedent, the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c).
  • 26 U.S.C. § 2203
    Go to provision →
    The term “executor” wherever it is used in this title in connection with the estate tax imposed by this chapter means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified, and acting within the United States, then any person in actual or constructive possession of any property of the decedent.
  • 26 U.S.C. § 2204(a)
    Go to provision →
    (a) If the executor makes written application to the Secretary for determination of the amount of the tax and discharge from personal liability therefor, the Secretary (as soon as possible, and in any event within 9 months after the making of such application, or, if the application is made before the return is filed, then within 9 months after the return is filed, but not after the expiration of the period prescribed for the assessment of the tax in section 6501) shall notify the executor of the amount of the tax. The executor, on payment of the amount of which he is notified (other than any amount the time for payment of which is extended under sections 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment is extended, shall be discharged from personal liability for any deficiency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge.
  • 26 U.S.C. § 2204(b)
    Go to provision →
    (b) If a fiduciary (not including a fiduciary in respect of the estate of a nonresident decedent) other than the executor makes written application to the Secretary for determination of the amount of any estate tax for which the fiduciary may be personally liable, and for discharge from personal liability therefor, the Secretary upon the discharge of the executor from personal liability under subsection (a), or upon the expiration of 6 months after the making of such application by the fiduciary, if later, shall notify the fiduciary (1) of the amount of such tax for which it has been determined the fiduciary is liable, or (2) that it has been determined that the fiduciary is not liable for any such tax. Such application shall be accompanied by a copy of the instrument, if any, under which such fiduciary is acting, a description of the property held by the fiduciary, and such other information for purposes of carrying out the provisions of this section as the Secretary may require by regulations. On payment of the amount of such tax for which it has been determined the fiduciary is liable (other than any amount the time for payment of which has been extended under section 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment has been extended, or on receipt by him of notification of a determination that he is not liable for any such tax, the fiduciary shall be discharged from personal liability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing evidencing such discharge.
  • 26 U.S.C. § 2204(d)
    Go to provision →
    (d) If the executor in good faith relies on gift tax returns furnished under section 6103(e)(3) for determining the decedent’s adjusted taxable gifts, the executor shall be discharged from personal liability with respect to any deficiency of the tax imposed by this chapter which is attributable to adjusted taxable gifts which—
    (1) are made more than 3 years before the date of the decedent’s death, and
    (2) are not shown on such returns.
  • 26 U.S.C. § 2205
    Go to provision →
    If the tax or any part thereof is paid by, or collected out of, that part of the estate passing to or in the possession of any person other than the executor in his capacity as such, such person shall be entitled to reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the persons whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest is subject to equal or prior liability for the payment of taxes, debts, or other charges against the estate, it being the purpose and intent of this chapter that so far as is practicable and unless otherwise directed by the will of the decedent the tax shall be paid out of the estate before its distribution.
  • 26 U.S.C. § 2206
    Go to provision →
    Unless the decedent directs otherwise in his will, if any part of the gross estate on which tax has been paid consists of proceeds of policies of insurance on the life of the decedent receivable by a beneficiary other than the executor, the executor shall be entitled to recover from such beneficiary such portion of the total tax paid as the proceeds of such policies bear to the taxable estate. If there is more than one such beneficiary, the executor shall be entitled to recover from such beneficiaries in the same ratio. In the case of such proceeds receivable by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such proceeds except as to the amount thereof in excess of the aggregate amount of the marital deductions allowed under such section.
  • 26 U.S.C. § 2207
    Go to provision →
    Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under section 2041, the executor shall be entitled to recover from the person receiving such property by reason of the exercise, nonexercise, or release of a power of appointment such portion of the total tax paid as the value of such property bears to the taxable estate. If there is more than one such person, the executor shall be entitled to recover from such persons in the same ratio. In the case of such property received by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such property except as to the value thereof reduced by an amount equal to the excess of the aggregate amount of the marital deductions allowed under section 2056 over the amount of proceeds of insurance upon the life of the decedent receivable by the surviving spouse for which proceeds a marital deduction is allowed under such section.
  • 26 U.S.C. § 2631(a)
    Go to provision →
    (a) For purposes of determining the inclusion ratio, every individual shall be allowed a GST exemption amount which may be allocated by such individual (or his executor) to any property with respect to which such individual is the transferor.