Title 26Internal Revenue CodeRelease 119-73

§2621 Taxable amount in case of taxable distribution

Title 26 › Subtitle Subtitle B— - Estate and Gift Taxes › Chapter CHAPTER 13— - TAX ON GENERATION-SKIPPING TRANSFERS › Subchapter Subchapter C— - Taxable Amount › § 2621

Last updated Apr 6, 2026|Official source

Summary

Count the taxable amount as the value of property a recipient gets minus costs they pay to determine, collect, or recover the tax. If the trust pays any tax, that payment counts as a taxable distribution.

Full Legal Text

Title 26, §2621

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of this chapter, the taxable amount in the case of any taxable distribution shall be—
(1)the value of the property received by the transferee, reduced by
(2)any expense incurred by the transferee in connection with the determination, collection, or refund of the tax imposed by this chapter with respect to such distribution.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Pub. L. 99–514 amended section generally, substituting provisions relating to taxable amount in case of a taxable distribution for former provisions which related generally to administration of this chapter. See section 2661 of this title. 1981—Subsec. (b). Pub. L. 97–34 substituted “section 6166” for “section 6166 and 6166A” in heading and “section 6166 (relating to extension of time” for “section 6166 and 6166A (relating to extensions of time” in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 Amendment Section applicable to generation-skipping transfers (within the meaning of section 2611 of this title) made after Oct. 22, 1986, except as otherwise provided, see section 1433 of Pub. L. 99–514, set out as a note under section 2601 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–34 applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of Pub. L. 97–34, set out as a note under section 6166 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 2621

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73