§2611 — Title 26 Internal Revenue Code | U.S. Code

Summary

A generation-skipping transfer means one of three things: a taxable distribution, a taxable termination, or a direct skip. Payments that would qualify for the gift-tax exclusion for tuition or medical expenses do not count. Also excluded are transfers of property already hit by this tax, when the earlier recipient was in the same or a lower generation than the new one and the arrangement does not work as a tax-avoidance device.

Title 26, §2611

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of this chapter, the term “generation-skipping transfer” means—

(1)a taxable distribution,

(2)a taxable termination, and

(3)a direct skip.

(b)The term “generation-skipping transfer” does not include—

(1)any transfer which, if made inter vivos by an individual, would not be treated as a taxable gift by reason of section 2503(e) (relating to exclusion of certain transfers for educational or medical expenses), and

(2)any transfer to the extent—

(A)the property transferred was subject to a prior tax imposed under this chapter,

(B)the transferee in the prior transfer was assigned to the same generation as (or a lower generation than) the generation assignment of the transferee in this transfer, and

(C)such transfers do not have the effect of avoiding tax under this chapter with respect to any transfer.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–647, §§ 1014(g)(1), 1018(u)(43), substituted “generation-skipping transfer” for “generation-skipping transfers” and “means” for “mean”. Subsec. (b). Pub. L. 100–647, § 1014(g)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “any transfer (other than a direct skip) from a trust, to the extent such transfer is subject to a tax imposed by chapter 11 or 12 with respect to a person in the 1st generation below that of the grantor, and”. 1986—Pub. L. 99–514 amended section generally, substituting provisions defining “generation-skipping transfers” and what that term does not include, for former provisions which defined “generation-skipping transfer”, “transfer”, and “generation-skipping trust”, contained provisions to be used in determining the ascertainment of generation, and provided for a generation-skipping trust equivalent.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.

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.

§2611 Generation-skipping Transfer Defined

Summary

Title 26, §2611

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata