§2037 — Title 26 Internal Revenue Code | U.S. Code

Summary

When someone dies, their taxable estate can include property they gave away during life if two things are true: the recipient could only get possession or enjoyment of the property by outliving the giver, and the giver kept a chance of getting the property back (a reversionary interest) worth more than 5 percent of the property's value just before death. This applies to transfers made after September 7, 1916, except genuine sales for full value. For transfers made before October 8, 1949, it counts only if the reversion was spelled out in the transfer document. A reversionary interest includes any possibility the property could return to the giver or their estate, or be subject to their power to dispose of it.

Title 26, §2037

Internal Revenue Code — Source: USLM XML via OLRC

(a)The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time after September 7, 1916, made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, if—

(1)possession or enjoyment of the property can, through ownership of such interest, be obtained only by surviving the decedent, and

(2)the decedent has retained a reversionary interest in the property (but in the case of a transfer made before October 8, 1949, only if such reversionary interest arose by the express terms of the instrument of transfer), and the value of such reversionary interest immediately before the death of the decedent exceeds 5 percent of the value of such property.

(b)For purposes of this section, the term “reversionary interest” includes a possibility that property transferred by the decedent—

(1)may return to him or his estate, or

(2)may be subject to a power of disposition by him,

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–455 struck out “or his delegate” after “Secretary”. 1962—Subsec. (a). Pub. L. 87–834 struck out provisions which excepted real property situated outside of the United States.

Statutory Notes and Related Subsidiaries

Effective Date

of 1962 AmendmentAmendment by Pub. L. 87–834 applicable to estates of decedents dying after Oct. 16, 1962, except as otherwise provided, see section 18(b) of Pub. L. 87–834, set out as a note under section 2031 of this title.

§2037 Transfers Taking Effect at Death