Title 26 — Internal Revenue CodeRelease 119-73
§2519 Dispositions of Certain Life Estates
Title 26 › Subtitle Subtitle B— Estate and Gift Taxes › Chapter 12— GIFT TAX › Subchapter B— Transfers › § 2519
Summary
If you give away all or part of a lifetime income interest in property that earlier qualified for the marital deduction — such as QTIP property — you are treated for gift and estate tax purposes as transferring all the other interests in that property, not just the income interest you gave up. You may have a right to recover the resulting gift tax under section 2207A(b).
Full Legal Text
Title 26, §2519
Internal Revenue Code — Source: USLM XML via OLRC
(a)For purposes of this chapter and chapter 11, any disposition of all or part of a qualifying income interest for life in any property to which this section applies shall be treated as a transfer of all interests in such property other than the qualifying income interest.
(b)This section applies to any property if a deduction was allowed with respect to the transfer of such property to the donor—
(1)under section 2056 by reason of subsection (b)(7) thereof, or
(2)under section 2523 by reason of subsection (f) thereof.
(c)For right of recovery for gift tax in the case of property treated as transferred under this section, see section 2207A(b).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1983—Pub. L. 97–448, § 104(a)(3)(B), amended directory language of Pub. L. 97–34, § 403(d)(3)(B)(i), to clarify that this section be inserted at end of subchapter B of chapter 12, rather than at end of subchapter B of chapter 11, and did not involve any change in text. Subsec. (a). Pub. L. 97–448, § 104(a)(3)(A), substituted “For purposes of this chapter and chapter 11, any disposition” for “Any disposition” and “treated as a transfer of all interests in such property other than the qualifying income interest” for “treated as a transfer of such property”. Subsec. (c). Pub. L. 97–448, § 104(a)(7), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 1983 AmendmentAmendment by Pub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97–34, to which such amendment relates, see section 109 of Pub. L. 97–448, set out as a note under section 1 of this title.
Effective Date
Section applicable to gifts made after Dec. 31, 1981, see section 403(e)(2) of Pub. L. 97–34, set out as an
Effective Date
of 1981 Amendment note under section 2056 of this title.
Reference
Citations & Metadata
Citation
26 U.S.C. § 2519
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73