Title 26Internal Revenue CodeRelease 119-73

§2101 Tax imposed

Title 26 › Subtitle Subtitle B— - Estate and Gift Taxes › Chapter CHAPTER 11— - ESTATE TAX › Subchapter Subchapter B— - Estates of Nonresidents Not Citizens › § 2101

Last updated Apr 6, 2026|Official source

Summary

When a person who was not a U.S. citizen and not a U.S. resident dies and leaves a taxable estate, a tax must be paid on that transfer, except as section 2107 says. The tax is the extra amount (if any) you get when you subtract the tentative tax on the decedent’s adjusted taxable gifts from the tentative tax on the sum of the taxable estate plus those adjusted gifts. The tentative tax is figured under section 2001(c). Adjusted taxable gifts — total taxable gifts the decedent made after December 31, 1976, minus any gifts already counted in the decedent’s gross estate. The rules of section 2001(d) also apply.

Full Legal Text

Title 26, §2101

Internal Revenue Code — Source: USLM XML via OLRC

(a)Except as provided in section 2107, a tax is hereby imposed on the transfer of the taxable estate (determined as provided in section 2106) of every decedent nonresident not a citizen of the United States.
(b)The tax imposed by this section shall be the amount equal to the excess (if any) of—
(1)a tentative tax computed under section 2001(c) on the sum of—
(A)the amount of the taxable estate, and
(B)the amount of the adjusted taxable gifts, over
(2)a tentative tax computed under section 2001(c) on the amount of the adjusted taxable gifts.
(c)(1)For purposes of this section, the term “adjusted taxable gifts” means the total amount of the taxable gifts (within the meaning of section 2503 as modified by section 2511) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.
(2)For purposes of this section, the rules of section 2001(d) shall apply.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (b). Pub. L. 107–147 struck out concluding provisions which read as follows: “For purposes of the preceding sentence, there shall be appropriate adjustments in the application of section 2001(c)(2) to reflect the difference between the amount of the credit provided under section 2102(c) and the amount of the credit provided under section 2010.” 1993—Subsec. (b). Pub. L. 103–66 substituted “section 2001(c)(2)” for “section 2001(c)(3)” in last sentence. 1989—Subsec. (b). Pub. L. 101–239 inserted at end “For purposes of the preceding sentence, there shall be appropriate adjustments in the application of section 2001(c)(3) to reflect the difference between the amount of the credit provided under section 2102(c) and the amount of the credit provided under section 2010.” 1988—Subsec. (b). Pub. L. 100–647, § 5032(a), substituted “a tentative tax computed under section 2001(c)” for “a tentative tax computed in accordance with the rate schedule set forth in subsection (d)” in pars. (1) and (2). Subsec. (d). Pub. L. 100–647, § 5032(c), struck out subsec. (d) which provided a rate schedule. 1976—Pub. L. 94–455 redesignated existing provisions as (a) to (d), inserted provisions for adjustments for taxable gifts, revised the tax rate schedule, and struck out provisions relating to property held by Alien Property Custodian. 1966—Subsec. (a). Pub. L. 89–809 substituted table to be used in computing the tax imposed on transfer of taxable estate, determined as provided in section 2106, of every decedent nonresident not a citizen of the United States for provisions sending taxpayer to table in section 2001 for computation of tax imposed.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) of Pub. L. 107–147, set out as a note under section 25B of this title.

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–66 applicable in the case of decedents dying and gifts made after Dec. 31, 1992, see section 13208(c) of Pub. L. 103–66, set out as a note under section 2001 of this title.

Effective Date

of 1989 AmendmentAmendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.

Effective Date

of 1988 Amendment Pub. L. 100–647, title V, § 5032(d), Nov. 10, 1988, 102 Stat. 3670, provided that: “The

Amendments

made by this section [amending this section and section 2102 of this title] shall apply to the estates of decedents dying after the date of the enactment of this Act [Nov. 10, 1988].”

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d)(1) of Pub. L. 94–455, set out as a note under section 2001 of this title.

Effective Date

of 1966 Amendment Pub. L. 89–809, title I, § 108(i), Nov. 13, 1966, 80 Stat. 1574, provided that: “The

Amendments

made by this section [amending this section and section 2102, 2104, 2105, 2106, and 6018 of this title and enacting section 2107 and 2108 of this title] shall apply with respect to estates of decedents dying after the date of the enactment of this Act [Nov. 13, 1966].”

Reference

Citations & Metadata

Citation

26 U.S.C. § 2101

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73