Section 2113. Trusts and Similar Arrangements for Spouses.-- (a) In the case of a transfer of property for the sole use of the transferor's surviving spouse during the surviving spouse's entire lifetime, all succeeding interests which follow the interest of the surviving spouse shall not be subject to tax as transfers by the transferor if the transfer was made by a decedent dying on or after January 1, 1995, provided that the transferor's personal representative may elect, on a timely filed inheritance tax return, to have this section not apply to a trust or similar arrangement or portion of a trust or similar arrangement.
(b) Succeeding interests not subject to tax as transfers by the transferor by reason of subsection (a) shall be deemed to be transfers subject to tax by the surviving spouse of the property held in the trust or similar arrangement at the death of the surviving spouse. The tax on that property shall be based upon its value at the death of the surviving spouse, the tax rates applicable to dispositions by the surviving spouse or by the transferor, whichever are lower, and any exemptions relating to the kind or location of property held in the trust or similar arrangement at the surviving spouse's death.
(c) Subsection (b) shall apply even if the succeeding interests not subject to tax as transfers by the transferor by reason of subsection (a) were also not subject to tax by reason of an exemption based upon the kind or location of property at the transferor's death.
(d) This section shall not apply to inter vivos transfers otherwise exempt from inheritance tax.
(2113 amended June 30, 1995, P.L.139, No.21)
Compiler's Note: Section 24 of Act 21 of 1995, which amended section 2113, provided that section 43(4)(ii) of Act 48 of 1994 is repealed insofar as it limits the amendment or addition of Article XXI from applying to the estates of decedents dying on or after January 1, 1995.