§2511 — Title 26 Internal Revenue Code | U.S. Code

Summary

The gift tax applies to transfers whether they are in a trust or not, whether the gift is direct or indirect, and no matter what kind of property it is. For someone who lives outside the United States and is not a U.S. citizen, the tax only applies when the property is located in the United States. For certain nonresident noncitizens who are excepted from part of the rules, stock issued by a U.S. corporation and certain debt obligations — those of a United States person or of the United States, a State, a local government, or the District of Columbia — are treated as property located in the United States.

Title 26, §2511

Internal Revenue Code — Source: USLM XML via OLRC

(a)Subject to the limitations contained in this chapter, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible; but in the case of a nonresident not a citizen of the United States, shall apply to a transfer only if the property is situated within the United States.

(b)For purposes of this chapter, in the case of a nonresident not a citizen of the United States who is excepted from the application of section 2501(a)(2)—

(1)shares of stock issued by a domestic corporation, and

(2)debt obligations of—

(A)a United States person, or

(B)the United States, a State or any political subdivision thereof, or the District of Columbia,

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (c). Pub. L. 111–312 struck out subsec. (c). Text read as follows: “Notwithstanding any other provision of this section and except as provided in

Regulations

, a transfer in trust shall be treated as a transfer of property by gift, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1.” 2002—Subsec. (c). Pub. L. 107–147 substituted “transfer of property by gift,” for “taxable gift under section 2503,”. 2001—Subsec. (c). Pub. L. 107–16 added subsec. (c). 1966—Subsec. (b). Pub. L. 89–809 inserted reference to nonresidents who are excepted from the application of section 2501(a)(2) and expanded section to include debt obligations of United States persons or the United States, a State or any political subdivision thereof, or the District of Columbia.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–312 applicable to estates of decedents dying, generation-skipping transfers, and gifts made, after Dec. 31, 2009, see section 302(f) of Pub. L. 111–312, set out as a note under section 2001 of this title.

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 2001 AmendmentAmendment by Pub. L. 107–16 applicable to gifts made after Dec. 31, 2009, see section 511(f)(3) of Pub. L. 107–16, set out as a note under section 2502 of this title.

Effective Date

of 1966 AmendmentAmendment by Pub. L. 89–809 applicable with respect to calendar year 1967 and all calendar years thereafter, see section 109(c) of Pub. L. 89–809, set out as a note under section 2501 of this title.

§2511 Transfers in General

Summary

Title 26, §2511

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata