Internal Revenue Code:Sec. 2055. Transfers for public, charitable, and religious uses
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Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle B - Estate and Gift Taxes
CHAPTER 11 - ESTATE TAX
Subchapter A - Estates of Citizens or Residents
PART IV - TAXABLE ESTATE
Statute
Sec. 2055. Transfers for public, charitable, and religious uses
(a) In general
For purposes of the tax imposed by section 2001, the value of the
taxable estate shall be determined by deducting from the value of
the gross estate the amount of all bequests, legacies, devises, or
transfers -
(1) to or for the use of the United States, any State, any
political subdivision thereof, or the District of Columbia, for
exclusively public purposes;
(2) to or for the use of any corporation organized and operated
exclusively for religious, charitable, scientific, literary, or
educational purposes, including the encouragement of art, 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), and the prevention of cruelty
to children or animals, no part of the net earnings of which
inures to the benefit of any private stockholder 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;
(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;
(4) to or for the use of any veterans' organization
incorporated by Act of Congress, or of its departments or local
chapters or posts, no part of the net earnings of which inures to
the benefit of any private shareholder or individual; or
(5) to an employee stock ownership plan if such transfer
qualifies as a qualified gratuitous transfer of qualified
employer securities within the meaning of section 664(g).
For purposes of this subsection, the complete termination before
the date prescribed for the filing of the estate tax return of a
power to consume, invade, or appropriate property for the benefit
of an individual before such power has been exercised by reason of
the death of such individual or for any other reason shall be
considered and deemed to be a qualified disclaimer with the same
full force and effect as though he had filed such qualified
disclaimer. Rules similar to the rules of section 501(j) shall
apply for purposes of paragraph (2).
(b) Powers of appointment
Property includible in the decedent's gross estate under section
2041 (relating to powers of appointment) received by a donee
described in this section shall, for purposes of this section, be
considered a bequest of such decedent.
(c) Death taxes payable out of bequests
If the tax imposed by section 2001, or any estate, succession,
legacy, or inheritance taxes, are, either by the terms of the will,
by the law of the jurisdiction under which the estate is
administered, or by the law of the jurisdiction imposing the
particular tax, payable in whole or in part out of the bequests,
legacies, or devises otherwise deductible under this section, then
the amount deductible under this section shall be the amount of
such bequests, legacies, or devises reduced by the amount of such
taxes.
(d) Limitation on deduction
The amount of the deduction under this section for any transfer
shall not exceed the value of the transferred property required to
be included in the gross estate.
(e) Disallowance of deductions in certain cases
(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.
(2) Where an interest in property (other than an interest
described in section 170(f)(3)(B)) passes or has passed from the
decedent to a person, or for a use, described in subsection (a),
and an interest (other than an interest which is extinguished upon
the decedent's death) in the same property passes or has passed
(for less than an adequate and full consideration in money or
money's worth) from the decedent to a person, or for a use, not
described in subsection (a), no deduction shall be allowed under
this section for the interest which passes or has passed to the
person, or for the use, described in subsection (a) unless -
(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
(B) in the case of any other interest, such interest is in the
form of a guaranteed annuity or is a fixed percentage distributed
yearly of the fair market value of the property (to be determined
yearly).
(3) Reformations to comply with paragraph (2). -
(A) In general. - A deduction shall be allowed under subsection
(a) in respect of any qualified reformation.
(B) Qualified reformation. - For purposes of this paragraph,
the term ''qualified reformation'' means a change of a governing
instrument by reformation, amendment, construction, or otherwise
which changes a reformable interest into a qualified interest but
only if -
(i) any difference between -
(I) the actuarial value (determined as of the date of the
decedent's death) of the qualified interest, and
(II) the actuarial value (as so determined) of the
reformable interest,
does not exceed 5 percent of the actuarial value (as so
determined) of the reformable interest,
(ii) in the case of -
(I) a charitable remainder interest, the nonremainder
interest (before and after the qualified reformation)
terminated at the same time, or
(II) any other interest, the reformable interest and the
qualified interest are for the same period, and
(iii) such change is effective as of the date of the
decedent's death.
A nonremainder interest (before reformation) for a term of years
in excess of 20 years shall be treated as satisfying subclause
(I) of clause (ii) if such interest (after reformation) is for a
term of 20 years.
(C) Reformable interest. - For purposes of this paragraph -
(i) In general. - The term ''reformable interest'' means any
interest for which a deduction would be allowable under
subsection (a) at the time of the decedent's death but for
paragraph (2).
(ii) Beneficiary's interest must be fixed. - The term
''reformable interest'' does not include any interest unless,
before the remainder vests in possession, all payments to
persons other than an organization described in subsection (a)
are expressed either in specified dollar amounts or a fixed
percentage of the fair market value of the property. For
purposes of determining whether all such payments are expressed
as a fixed percentage of the fair market value of the property,
section 664(d)(3) shall be taken into account.
(iii) Special rule where timely commencement of reformation.
- Clause (ii) shall not apply to any interest if a judicial
proceeding is commenced to change such interest into a
qualified interest not later than the 90th day after -
(I) if an estate tax return is required to be filed, the
last date (including extensions) for filing such return, or
(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.
(iv) Special rule for will executed before january 1, 1979,
etc. - 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.
(D) Qualified interest. - For purposes of this paragraph, the
term ''qualified interest'' means an interest for which a
deduction is allowable under subsection (a).
(E) Limitation. - The deduction referred to in subparagraph (A)
shall not exceed the amount of the deduction which would have
been allowable for the reformable interest but for paragraph (2).
(F) Special rule where income beneficiary dies. - 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).
(G) Statute of limitations. - The period for assessing any
deficiency of any tax attributable to the application of this
paragraph shall not expire before the date 1 year after the date
on which the Secretary is notified that such reformation (or
other proceeding pursuant to subparagraph (J) (FOOTNOTE 1) has
occurred.
(FOOTNOTE 1) So in original. Probably should be followed by an
additional closing parenthesis.
(H) Regulations. - 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.
(I) Reformations permitted in case of remainder interests in
residence or farm, pooled income funds, etc. - The Secretary
shall prescribe regulations (consistent with the provisions of
this paragraph) permitting reformations in the case of any
failure -
(i) to meet the requirements of section 170(f)(3)(B)
(relating to remainder interests in personal residence or farm,
etc.), or
(ii) to meet the requirements of section 642(c)(5).
(J) Void or reformed trust in cases of insufficient remainder
interests. - 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.
(4) Works of art and their copyrights treated as separate
properties in certain cases. -
(A) In general. - In the case of a qualified contribution of a
work of art, the work of art and the copyright on such work of
art shall be treated as separate properties for purposes of
paragraph (2).
(B) Work of art defined. - For purposes of this paragraph, the
term ''work of art'' means any tangible personal property with
respect to which there is a copyright under Federal law.
(C) Qualified contribution defined. - For purposes of this
paragraph, the term ''qualified contribution'' means any transfer
of property to a qualified organization if the use of the
property by the organization is related to the purpose or
function constituting the basis for its exemption under section
501.
(D) Qualified organization defined. - For purposes of this
paragraph, the term ''qualified organization'' means any
organization described in section 501(c)(3) other than a private
foundation (as defined in section 509). For purposes of the
preceding sentence, a private operating foundation (as defined in
section 4942(j)(3)) shall not be treated as a private foundation.
(5) Contributions to donor advised funds.--A deduction
otherwise allowed under subsection (a) for any contribution to a
donor advised fund (as defined in section 4966(d)(2)) shall only
be allowed if--
(A) the sponsoring organization (as defined in
section 4966(d)(1)) with respect to such donor advised
fund is not--
(i) described in paragraph (3) or (4) of
subsection (a), or
(ii) a type III supporting organization (as
defined in section 4943(f)(5)(A)) which is not a
functionally integrated type III supporting
organization (as defined in section
4943(f)(5)(B)), and
(B) the taxpayer obtains a contemporaneous written
acknowledgment (determined under rules similar to the
rules of section 170(f)(8)(C)) from the sponsoring
organization (as so defined) of such donor advised fund
that such organization has exclusive legal control over
the assets contributed.
(f) Special rule for irrevocable transfers of easements in real
property
A deduction shall be allowed under subsection (a) in respect of
any transfer of a qualified real property interest (as defined in
section 170(h)(2)(C)) which meets the requirements of section
170(h) (without regard to paragraph (4)(A) thereof).
(g) Cross references
(1) For option as to time for valuation for purpose of
deduction under this section, see section 2032.
(2) For treatment of certain organizations providing child
care, see section 501(k).
(3) For exemption of gifts and bequests to or for the benefit
of Library of Congress, see section 5 of the Act of March 3,
1925, as amended (2 U.S.C. 161).
(4) For treatment of gifts and bequests for the benefit of
the Naval Historical Center as gifts or bequests to or for the
use of the United States, see section 7222 of title 10, United
States Code.
(5) For treatment of gifts and bequests to or for the benefit
of National Park Foundation as gifts or bequests to or for the
use of the United States, see section 8 of the Act of December
18, 1967 (16 U.S.C. 191).
(6) For treatment of gifts, devises, or bequests accepted by
the Secretary of State, the Director of the International
Communication Agency, or the Director of the United States
International Development Cooperation Agency as gifts, devises,
or bequests to or for the use of the United States, see section
25 of the State Department Basic Authorities Act of 1956.
(7) For treatment of gifts or bequests of money accepted by
the Attorney General for credit to ''Commissary Funds, Federal
Prisons,'' as gifts or bequests to or for the use of the United
States, see section 4043 of title 18, United States Code.
(8) For payment of tax on gifts and bequests of United States
obligations to the United States, see section 3113(e) of title
31, United States Code.
(9) For treatment of gifts and bequests for benefit of the
Naval Academy as gifts or bequests to or for the use of the
United States, see section 6973 of title 10, United States
Code.
(10) For treatment of gifts and bequests for benefit of the
Naval Academy Museum as gifts or bequests to or for the use of
the United States, see section 6974 of title 10, United States
Code.
(11) For exemption of gifts and bequests received by National
Archives Trust Fund Board, see section 2308 of title 44, United
States Code.
(12) For treatment of gifts and bequests to or for the use of
Indian tribal governments (or their subdivisions), see section
7871.
Sources
(Aug. 16, 1954, ch. 736, 68A Stat. 390; Aug. 6, 1956, ch. 1020,
Sec. 1, 70 Stat. 1075; Pub. L. 85-866, title I, Sec. 30(d), Sept.
2, 1958, 72 Stat. 1631; Pub. L. 91-172, title II, Sec. 201(d)(1),
(4)(A), Dec. 30, 1969, 83 Stat. 560, 561; Pub. L. 91-614, title I,
Sec. 101(c), Dec. 31, 1970, 84 Stat. 1836; Pub. L. 93-483, Sec.
3(a), Oct. 26, 1974, 88 Stat. 1457; Pub. L. 94-455, title XIII,
Sec. 1304(a), 1307(d)(1)(B)(ii), (C), 1313(b)(2), title XIX, Sec.
1902(a)(4), (12)(A), 1906(b)(13)(A), title XX, Sec. 2009(b)(4)(B),
(C), title XXI, Sec. 2124(e)(2), Oct. 4, 1976, 90 Stat. 1715, 1727,
1730, 1804, 1805, 1834, 1894, 1919; Pub. L. 95-600, title V, Sec.
514(a), Nov. 6, 1978, 92 Stat. 2883; Pub. L. 96-222, title I, Sec.
105(a)(4)(A), Apr. 1, 1980, 94 Stat. 219; Pub. L. 96-465, title II,
Sec. 2206(e)(4), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 96-605,
title III, Sec. 301(a), Dec. 28, 1980, 94 Stat. 3530; Pub. L.
97-34, title IV, Sec. 423(a), Aug. 13, 1981, 95 Stat. 316; Pub. L.
97-248, title II, Sec. 286(b)(2), Sept. 3, 1982, 96 Stat. 570; Pub.
L. 97-258, Sec. 3(f)(1), (2), Sept. 13, 1982, 96 Stat. 1064; Pub.
L. 97-473, title II, Sec. 202(b)(5), Jan. 14, 1983, 96 Stat. 2610;
Pub. L. 98-369, div. A, title X, Sec. 1022(a), 1032(b)(2), July
18, 1984, 98 Stat. 1026, 1033; Pub. L. 99-514, title XIV, Sec.
1422(a), Oct. 22, 1986, 100 Stat. 2716; Pub. L. 100-203, title X,
Sec. 10711(a)(3), Dec. 22, 1987, 101 Stat. 1330-464; Pub. L.
104-201, div. A, title X, Sec. 1073(b)(3), Sept. 23, 1996, 110
Stat. 2657; Pub. L. 105-34, title X, Sec. 1089(b)(3), (5), title
XV, Sec. 1530(c)(7), Aug. 5, 1997, 111 Stat. 960, 961, 1078.)
References in Text
REFERENCES IN TEXT
Section 25 of the State Department Basic Authorities Act of 1956,
referred to in subsec. (g)(6), is classified to section 2697 of
Title 22, Foreign Relations and Intercourse.
Miscellaneous
AMENDMENTS
2007 - PL 110-172
(1) Section 2055 is amended by striking subsection (g) and
by redesignating subsection (h) as subsection (g).
2006 - Pension Protection Act of 2006 (P.L. 109-280)
Section 1234(b) Estate.--Section 2055(e) is amended by adding at the end the
following new paragraph:
``(5) Contributions to donor advised funds.--A deduction
otherwise allowed under subsection (a) for any contribution to a
donor advised fund (as defined in section 4966(d)(2)) shall only
be allowed if--
``(A) the sponsoring organization (as defined in
section 4966(d)(1)) with respect to such donor advised
fund is not--
``(i) described in paragraph (3) or (4) of
subsection (a), or
``(ii) a type III supporting organization (as
defined in section 4943(f)(5)(A)) which is not a
functionally integrated type III supporting
organization (as defined in section
4943(f)(5)(B)), and
``(B) the taxpayer obtains a contemporaneous written
acknowledgment (determined under rules similar to the
rules of section 170(f)(8)(C)) from the sponsoring
organization (as so defined) of such donor advised fund
that such organization has exclusive legal control over
the assets contributed.''.
2006 - Pension Protection Act of 2006 (P.L. 109-280)
Section 1218(b) Estate Tax.--Section 2055 <<NOTE: 26 USC 2055.>> (relating to
transfers for public, charitable, and religious uses) is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Valuation of Subsequent Gifts.--
``(1) In general.--In the case of any additional
contribution, the fair market value of such contribution shall
be determined by using the lesser of--
``(A) the fair market value of the property at the
time of the initial fractional contribution, or
``(B) the fair market value of the property at the
time of the additional contribution.
``(2) Definitions.--For purposes of this paragraph--
``(A) Additional contribution.--The term `additional
contribution' means a bequest, legacy, devise, or
transfer described in subsection (a) of any interest in
a property with respect to which the decedent had
previously made an initial fractional contribution.
``(B) Initial fractional contribution.--The term
`initial fractional contribution' means, with respect to
any decedent, any charitable contribution of an
undivided portion of the decedent's entire interest in
any tangible personal property for which a deduction was
allowed under section 170.''.
1997 - Subsec. (a)(5). Pub. L. 105-34, Sec. 1530(c)(7), added
par. (5).
Subsec. (e)(3)(G). Pub. L. 105-34, Sec. 1089(b)(5), inserted
''(or other proceeding pursuant to subparagraph (J)'' after
''reformation''.
Subsec. (e)(3)(J). Pub. L. 105-34, Sec. 1089(b)(3), added subpar.
(J).
1996 - Subsec. (g)(4). Pub. L. 104-201 amended par. (4)
generally, substituting reference to Naval Historical Center for
reference to Office of Naval Records and History.
1987 - Subsec. (a)(2), (3). Pub. L. 100-203 inserted ''(or in
opposition to)'' after ''on behalf of''.
1986 - Subsecs. (f), (g). Pub. L. 99-514 added subsec. (f) and
redesignated former subsec. (f) as (g).
1984 - Subsec. (e)(3). Pub. L. 98-369, Sec. 1022(a), amended par.
(3) generally, substituting provisions relating to reformations to
comply with par. (2), defining ''qualified reformation'',
''reformable interest'', and ''qualified interest'', and setting
forth limitations on the deduction, a special rule where the income
beneficiary dies, statute of limitations, regulations prescribed by
the Secretary, and reformations permitted in the case of remainder
interests in a residence or farm, pooled income funds, etc., for
former par. (3), which provided: ''In the case of a will executed
before December 31, 1978, or a trust created before such date, if a
deduction is not allowable at the time of the decedent's death
because of the failure of an interest in property which passes from
the decedent to a person, or for a use, described in subsection (a)
to meet the requirements of subparagraph (A) or (B) of paragraph
(2) of this subsection, and if the governing instrument is amended
or conformed on or before December 31, 1981, or, if later, on or
before the 30th day after the date on which judicial proceedings
begun on or before December 31, 1981, (which are required to amend
or conform the governing instrument), become final, so that the
interest is in a trust which meets the requirements of such
subparagraph (A) or (B) (as the case may be), a deduction shall
nevertheless be allowed. The Secretary may, by regulation, provide
for the application of the provisions of this paragraph to trusts
whose governing instruments are amended or conformed in accordance
with this paragraph, and such regulations may provide for any
adjustments in the application of the provisions of section 508
(relating to special rules with respect to section 501(c)(3)
organizations), subchapter J (relating to estates, trusts,
beneficiaries, and decedents), and chapter 42 (relating to private
foundations), to such trusts made necessary by the application of
this paragraph. If, by the due date for the filing of an estate
tax return (including any extension thereof), the interest is in a
charitable trust which, upon allowance of a deduction, would be
described in section 4947(a)(1), or the interest passes directly to
a person or for a use described in subsection (a), a deduction
shall be allowed as if the governing instrument was amended or
conformed under this paragraph. If the amendment or conformation
of the governing instrument is made after the due date for the
filing of the estate tax return (including any extension thereof),
the deduction shall be allowed upon the filing of a timely claim
for credit or refund (as provided for in section 6511) of an
overpayment resulting from the application of this paragraph. In
the case of a credit or refund as a result of an amendment or
conformation made pursuant to this paragraph, no interest shall be
allowed for the period prior to the expiration of the 180th day
after the date on which the claim for credit or refund is filed.''
Subsec. (f)(2). Pub. L. 98-369, Sec. 1032(b)(2), added par. (2),
and redesignated former pars. (2) to (11) as pars. (3) to (12),
respectively.
1983 - Subsec. (f)(11). Pub. L. 97-473 added par. (11).
1982 - Subsec. (a). Pub. L. 97-248 inserted provision that rules
similar to the rules of section 501(j) of this title shall apply
for purposes of par. (2).
Subsec. (f)(6). Pub. L. 97-258, Sec. 3(f)(1), substituted
''section 4043 of title 18, United States Code'' for ''section 2 of
the Act of May 15, 1952, as amended by the Act of July 9, 1952 (31
U.S.C. 725s-4)''.
Subsec. (f)(7). Pub. L. 97-258, Sec. 3(f)(2), substituted
''section 3113(e) of title 31, United States Code'' for ''section
24 of the Second Liberty Bond Act (31 U.S.C. 757e)''.
1981 - Subsec. (e)(4). Pub. L. 97-34 added par. (4).
1980 - Subsec. (e)(3). Pub. L. 96-605 substituted ''December 31,
1978'' for ''December 31, 1977'' and ''December 31, 1981'' for
''December 31, 1978'' in two places.
Pub. L. 96-222 substituted ''such subparagraph (A) or (B)'' for
''such subparagraph (a) or (B)'' and ''so that the interest'' for
''so that interest''.
Subsec. (f)(5). Pub. L. 96-465, among other changes, inserted
references to the Director of the International Communication
Agency and the Director of the United States International
Development Cooperation Agency and substituted reference to section
25 of the State Department Basic Authorities Act of 1956 for
reference to section 1021(e) of the Foreign Service Act of 1946.
1978 - Subsec. (e)(3). Pub. L. 95-600 inserted ''or (B)'' before
''of paragraph (2)'', substituted ''on or before December 31,
1978'' for ''on or before December 31, 1977'' wherever appearing
and ''which meets the requirements of such subparagraph (a) or (B)
(as the case may be),'' for ''which is a charitable remainder
annuity trust, a charitable remainder unitrust (described in
section 664), or a pooled income fund (described in section
642(c)(5)),''.
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1307(d)(1)(B)(ii), (C),
1313(b)(2), 1902(a)(12)(A), 2009(b)(4)(B), (C), struck out
''(including the interest which falls into any such bequest,
legacy, devise, or transfer as a result of an irrevocable
disclaimer of a bequest, legacy, devise, transfer, or power, if the
disclaimer is made before the date prescribed for the filing of the
estate tax return)'' after ''or transfers'' in provisions preceding
par. (1), struck out ''Territory,'' after ''State,'' in par. (1),
inserted '', 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),'' after
''encouragement of art'' and substituted ''which is not
disqualified for tax exemption under section 501(c)(3) by reason of
attempting to influence legislation,'' for ''no substantial part of
the activities of which is carrying on propaganda, or otherwise
attempting to influence legislation,'' in par. (2), substituted
''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,'' for ''no substantial part of
the activities of such trustee or trustees, or of such fraternal
society, order, or association, is carrying on propaganda, or
otherwise attempting, to influence legislation,'' in par. (3), and,
in provisions following par. (4), substituted ''a qualified
disclaimer'' for ''an irrevocable disclaimer'' and ''such qualified
disclaimer'' for ''such irrevocable disclaimer''.
Subsec. (b). Pub. L. 94-455, Sec. 1902(a)(4)(A), struck out
provisions under which a bequest in trust, if the surviving spouse
of the decedent was entitled for life to all of the net income from
the trust and the surviving spouse had a power of appointment over
the corpus of that trust exercisable by will in favor of, among
others, organizations described in subsec. (a)(2), could be deemed
a transfer to the organization by the decedent under certain
conditions.
Subsec. (e)(2). Pub. L. 94-455, Sec. 2124(e)(2), substituted
''(other than an interest described in section 170(f)(3)(B))'' for
''(other than a remainder interest in a personal residence or farm
or an undivided portion of the decedent's entire interest in
property)'' in provisions preceding subpar. (A).
Subsec. (e)(3). Pub. L. 94-455, Sec. 1304(a), Sec.
1906(b)(13)(A), substituted ''will executed before December 31,
1977,'' for ''will executed before September 21, 1974,'' and
''amended or conformed on or before December 31, 1977, or, if
later, on or before the 30th day after the date on which judicial
proceedings begun on or before December 31, 1977'' for ''amended or
conformed on or before December 31, 1975, or, if later, on or
before the 30th day after the date on which judicial proceedings
begun on or before December 31, 1975'' and struck out ''or his
delegate'' after ''Secretary''.
Subsec. (f). Pub. L. 94-455, Sec. 1902(a)(4)(B), extended par.
(2) by inserting reference to gifts, struck out par. (3) which made
a cross reference to section 2 of the Act of Aug. 8, 1946 (60 Stat.
924; 5 U.S.C. 393) for construction of bequests for benefit of the
library of the Post Office Department as bequests to or for the use
of the United States, redesignated pars. (4)-(11) as (3)-(10),
respectively, substituted ''For treatment of gifts and bequests for
the benefit of the Office of Naval Records and History as gifts or
bequests to or for the use of the United States, see section 7222
of title 10, United States Code'' for ''For exemption of bequests
for benefit of Office of Naval Records and Library, Navy
Department, see section 2 of the Act of March 4, 1937 (50 Stat. 25;
5 U.S.C. 419b)'' in par. (3) as so redesignated, substituted ''For
treatment of gifts and bequests to or for the benefit of National
Park Foundation as gifts or bequests to or for the use of the
United States, see section 8 of the Act of December 18, 1967 (16
U.S.C. 191)'' for ''For exemption of bequests to or for benefit of
National Park Service, see section 5 of the Act of July 10, 1935
(49 Stat. 478; 16 U.S.C. 19c)'' in par. (4) as so redesignated, and
corrected obsolete and inaccurate references in pars. (5)-(10) as
so redesignated.
1974 - Subsec. (e)(3). Pub. L. 93-483 added par. (3).
1970 - Subsec. (b)(2)(C). Pub. L. 91-614 substituted ''6 months''
for ''one year''.
1969 - Subsec. (a)(2). Pub. L. 91-172, Sec. 201(d)(4)(A) (i),
inserted non-participation and non-intervention in political
campaigns as an additional qualification.
Subsec. (a)(3). Pub. L. 91-172, Sec. 201(d)(4)(A)(ii), inserted
non-participation and non-intervention in political campaigns as an
additional qualification.
Subsec. (e). Pub. L. 91-172, Sec. 201(d)(1), substituted
substantive provisions for simple reference to sections 503 and 681
of this title in which such substantive provisions were formerly
set out.
1958 - Subsec. (e). Pub. L. 85-866 substituted ''503'' for
''504''.
1956 - Subsec. (b). Act Aug. 6, 1956, designated existing
provisions as par. (1) and added par. (2).
Change of Name
CHANGE OF NAME
International Communication Agency, and Director thereof,
redesignated United States Information Agency, and Director
thereof, by section 303 of Pub. L. 97-241, title III, Aug. 24,
1982, 96 Stat. 291, set out as a note under section 1461 of Title
22, Foreign Relations and Intercourse. United States Information
Agency (other than Broadcasting Board of Governors and
International Broadcasting Bureau) abolished and functions
transferred to Secretary of State, see sections 6531 and 6532 of
Title 22.
Miscellaneous
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 1089(b)(3), (5) of Pub. L. 105-34 applicable
to transfers in trust after July 28, 1997, with special rule for
certain decedents, see section 1089(b)(6) of Pub. L. 105-34, set
out as a note under section 664 of this title.
Amendment by section 1530(c)(7) of Pub. L. 105-34 applicable to
transfers made by trusts to, or for the use of, an employee stock
ownership plan after Aug. 5, 1997, see section 1530(d) of Pub. L.
105-34, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-203 applicable with respect to
activities after Dec. 22, 1987, see section 10711(c) of Pub. L.
100-203, set out as a note under section 170 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1422(e) of Pub. L. 99-514 provided that: ''The amendments
made by this section (amending this section and sections 2106 and
2522 of this title) shall apply to transfers and contributions made
after December 31, 1986.''
EFFECTIVE DATE OF 1984 AMENDMENT
Section 1022(e) of Pub. L. 98-369, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
''(1) Subsections (a), (b), and (c). - The amendments made by
subsections (a), (b), and (c) (amending this section and sections
170 and 2522 of this title) shall apply to reformations after
December 31, 1978; except that such amendments shall not apply to
any reformation to which section 2055(e)(3) of the Internal Revenue
Code of 1986 (formerly I.R.C. 1954) (as in effect on the day before
the date of the enactment of this Act (July 18, 1984)) applies.
For purposes of applying clause (iii) of section 2055(e)(3)(C) of
such Code (as amended by this section), the 90th day described in
such clause shall be treated as not occurring before the 90th day
after the date of the enactment of this Act.
''(2) Subsection (d). - The amendment made by subsection (d)
(amending section 664 of this title) shall apply to transfers after
December 31, 1978.
''(3) Statute of limitations. -
''(A) In general. - If on the date of the enactment of this Act
(July 18, 1984) (or at any time before the date 1 year after such
date of enactment), credit or refund of any overpayment of tax
attributable to the amendments made by this section is barred by
any law or rule of law, such credit or refund of such overpayment
may nevertheless be made if claim therefor is filed before the
date 1 year after the date of the enactment of this Act.
''(B) No interest where statute closed on date of enactment. -
In any case where the making of the credit or refund of the
overpayment described in subparagraph (A) is barred on the date
of the enactment of this Act (July 18, 1984), no interest shall
be allowed with respect to such overpayment (or any related
adjustment) for the period before the date 180 days after the
date on which the Secretary of the Treasury (or his delegate) is
notified that the reformation has occurred.''
Amendment by section 1032(b)(2) of Pub. L. 98-369 applicable to
taxable years beginning after July 18, 1984, see section 1032(c) of
Pub. L. 98-369, set out as a note under section 170 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
For effective date of amendment by Pub. L. 97-473, see section
204(3) of Pub. L. 97-473, set out as an Effective Date note under
section 7871 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 effective Oct. 5, 1976, see section
286(c) of Pub. L. 97-248, set out as a note under section 501 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 423(c)(1) of Pub. L. 97-34 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to the
estates of decedents dying after December 31, 1981.''
EFFECTIVE DATE OF 1980 AMENDMENTS
Section 301(b)(1) of Pub. L. 96-605 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply in the case of decedents dying after December 31, 1969.''
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of Title 22, Foreign
Relations and Intercourse.
Amendment by Pub. L. 96-222 effective, except as otherwise
provided, as if it had been included in the provisions of the
Revenue Act of 1978, Pub. L. 95-600, to which such amendment
relates, see section 201 of Pub. L. 96-222, set out as a note under
section 32 of this title.
EXTENSION OF 1978 AMENDMENT; CHARITABLE LEAD TRUSTS AND CHARITABLE
REMAINDER TRUSTS IN CASE OF INCOME AND GIFT TAXES
Section 301(b)(2) of Pub. L. 96-605 provided that: ''Section
514(b) (section 514(b) of Pub. L. 95-600, set out below) (and
section 514(c) (section 514(c) of Pub. L. 95-600, set out below)
insofar as it relates to section 514(b)) of the Revenue Act of 1978
shall be applied as if the amendment made by subsection (a)
(amending this section) had been included in the amendment made by
section 514(a) of such Act (section 514(a) of Pub. L. 95-600,
amending this section).''
EFFECTIVE DATE OF 1978 AMENDMENT; CHARITABLE LEAD TRUSTS AND
CHARITABLE REMAINDER TRUSTS IN CASE OF INCOME AND GIFT TAXES
Section 514(c) of Pub. L. 95-600, as added by Pub. L. 96-222,
title I, Sec. 105(a)(4)(B), Apr. 1, 1980, 94 Stat. 219; amended
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided
that:
''(1) For subsection (a). - The amendment made by subsection (a)
(amending this section) shall apply in the case of decedents dying
after December 31, 1969.
''(2) For subsection (b). - Subsection (b) (section 514(b) of
Pub. L. 95-600, set out below) -
''(A) insofar as it relates to section 170 of the Internal
Revenue Code of 1986 (formerly I.R.C. 1954) shall apply to
transfers in trust and contributions made after July 31, 1969,
and
''(B) insofar as it relates to section 2522 of the Internal
Revenue Code of 1986 shall apply to transfers made after December
31, 1969.''
EFFECTIVE DATE OF 1976 AMENDMENT
Section 1304(c) of Pub. L. 94-455 provided that: ''The amendments
made by this section (amending this section) shall apply in the
case of decedents dying after December 31, 1969.''
Amendment by section 1307(d)(1)(B)(ii), (C) of Pub. L. 94-455,
applicable to estates of decedents dying after Dec. 31, 1976, see
section 1307(e) of Pub. L. 94-455, set out as a note under section
501 of this title.
Amendment by section 1313(b)(2) of Pub. L. 94-455 applicable on
day following Oct. 4, 1976, see section 1313(d) of Pub. L. 94-455,
set out as a note under section 501 of this title.
Amendment by section 1902(a)(4) of Pub. L. 94-455 applicable in
the case of estates of decedents dying after Oct. 4, 1976, see
section 1902(c)(1) of Pub. L. 94-455, set out as a note under
section 2011 of this title.
Amendment by section 1902(a)(12)(A) of Pub. L. 94-455 applicable
with respect to gifts made after Dec. 31, 1976, see section
1902(c)(2) of Pub. L. 94-455, set out as a note under section 2501
of this title.
Amendment by section 2009(b)(4)(B), (C) of Pub. L. 94-455
applicable with respect to transfers creating an interest in person
disclaiming made after Dec. 31, 1976, see section 2009(e)(2) of
Pub. L. 94-455, set out as a note under section 2518 of this title.
Amendment by section 2124(e)(2) of Pub. L. 94-455 applicable with
respect to contributions or transfers made after June 13, 1976, see
section 2124(e)(4) of Pub. L. 94-455, set out as a note under
section 170 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-483 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with
respect to estates of decedents dying after December 31, 1969.''
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-614 applicable with respect to decedents
dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91-614,
set out as an Effective Date note under section 2032 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by section 201(d)(1) of Pub. L. 91-172 applicable in
the case of decedents dying after Dec. 31, 1969, with specified
exceptions, see section 201(g)(4) of Pub. L. 91-172, set out as a
note under section 170 of this title.
Amendment by section 201(d)(4)(A) of Pub. L. 91-172 applicable to
gifts and transfers made after Dec. 31, 1969, see section
201(g)(4)(E) of Pub. L. 91-172, set out as a note under section 170
of this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Section 3 of act Aug. 6, 1956, provided that: ''The amendments
made by this Act (amending this section and section 6503 of this
title) shall apply in the case of decedents dying after August 16,
1954.''
Transfer of Functions.
TRANSFER OF FUNCTIONS
United States International Development Cooperation Agency (other
than Agency for International Development and Overseas Private
Investment Corporation) abolished and functions and authorities
transferred, see sections 6561 and 6562 of Title 22, Foreign
Relations and Intercourse.
Miscellaneous
SPECIAL DONATIONS
Section 1422(d) of Pub. L. 99-514 provided that: ''If the
Secretary of the Interior acquires by donation after December 31,
1986, a conservation easement (within the meaning of section 2(h)
of S. 720, 99th Congress, 1st Session, as in effect on August 16,
1986) (see Pub. L. 99-420, Sept. 25, 1986, Sec. 102(h), 99 Stat.
955, 957), such donation shall qualify for treatment under section
2055(f) or 2522(d) of the Internal Revenue Code of 1954 (now 1986),
as added by this section.''
CHARITABLE LEAD TRUSTS AND CHARITABLE REMAINDER TRUSTS IN CASE OF
INCOME AND GIFT TAXES
Section 514(b) of Pub. L. 95-600, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''Under
regulations prescribed by the Secretary of the Treasury or his
delegate, in the case of trusts created before December 31, 1977,
provisions comparable to section 2055(e)(3) of the Internal Revenue
Code of 1986 (formerly I.R.C. 1954) (as amended by subsection (a))
shall be deemed to be included in sections 170 and 2522 of the
Internal Revenue Code of 1986.''
EXTENSION OF PERIOD FOR FILING CLAIM FOR REFUND
Section 1304(b) of Pub. L. 94-455, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''A claim for
refund or credit of an overpayment of the tax imposed by section
2001 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954)
allowable under section 2055(e)(3) of such Code (as amended by
subsection (a)) shall not be denied because of the expiration of
the time for filing such a claim under section 6511(a) if such
claim is filed not later than June 30, 1978.''
References
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 170, 501, 508, 2011,
2012, 2013, 2014, 2031, 2032, 2053, 2056A, 2106, 2522, 2642, 2652,
4947, 4948, 7871 of this title; title 12 section 3051; title 15
section 80a-3; title 22 section 3307.
