26 U.S.C. § 2611 — Generation-skipping transfer defined
submitted 50 years ago by Pub. L. 94-455 to r/title-26-INTERNAL-REVENUE-CODE · 141 words · no verdicts yet
This section defines “generation-skipping transfer” as a taxable distribution, taxable termination, or direct skip. It excludes certain educational or medical transfers and certain transfers already subject to tax when they do not avoid tax.
(a) In general. For this chapter, “generation-skipping transfer” means (1) a taxable distribution*, (2) a taxable termination*, or (3) a direct skip*.
(b) Certain transfers excluded. The term does not include (1) a transfer that would not be treated as a taxable gift under section 2503(e) if an individual made it during life, concerning certain educational or medical expenses; or (2) a transfer to the extent that (A) the property was already subject to a tax under this chapter, (B) the earlier transferee was assigned to the same generation as, or a lower generation than, the transferee in this transfer, and (C) the transfers do not avoid tax under this chapter.
For purposes of this chapter, the term “generation-skipping transfer” means—
a taxable distribution*,
a taxable termination*, and
a direct skip*.
The term “generation-skipping transfer” does not include—
any transfer which, if made inter vivos by an individual, would not be treated as a taxable gift by reason of section 2503(e) (relating to exclusion of certain transfers for educational or medical expenses), and
any transfer to the extent—
the property transferred was subject to a prior tax imposed under this chapter,
the transferee in the prior transfer was assigned to the same generation as (or a lower generation than) the generation assignment of the transferee in this transfer, and
such transfers do not have the effect of avoiding tax under this chapter with respect to any transfer.
Source credit: (Added Pub. L. 94–455, title XX, § 2006(a), Oct. 4, 1976, 90 Stat. 1882; amended Pub. L. 99–514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2718; Pub. L. 100–647, title I, §§ 1014(g)(1), (2), 1018(u)(43), Nov. 10, 1988, 102 Stat. 3562, 3592.)
- 1976Enacted · Pub. L. 94-455 · 90 Stat. 1882
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2718
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3562, 3592
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-455 on 1976-10-04.
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