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Title 26 — Internal Revenue CodeRelease 119-73

§673 Reversionary Interests

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter J— Estates, Trusts, Beneficiaries, and Decedents › Part I— ESTATES, TRUSTS, AND BENEFICIARIES › Subpart E— Grantors and Others Treated as Substantial Owners › § 673

Last updated Apr 6, 2026|Official source

Summary

If you set up a trust but keep a reversionary interest — a right to get the property or its income back — you are taxed as the owner of that part of the trust when the interest is worth more than 5 percent of that portion's value at the start. The value is measured assuming discretion would be used in your favor as much as possible. A special rule covers trusts where the beneficiary is your lineal descendant holding all present interests. If you postpone the date you would get the property back, the postponement is treated as a new transfer in trust, though it cannot pull in income that would not otherwise be taxed to you.

Full Legal Text

Title 26, §673

Internal Revenue Code — Source: USLM XML via OLRC

(a)The grantor shall be treated as the owner of any portion of a trust in which he has a reversionary interest in either the corpus or the income therefrom, if, as of the inception of that portion of the trust, the value of such interest exceeds 5 percent of the value of such portion.
(b)In the case of any beneficiary who—
(1)is a lineal descendant of the grantor, and
(2)holds all of the present interests in any portion of a trust,
(c)For purposes of subsection (a), the value of the grantor’s reversionary interest shall be determined by assuming the maximum exercise of discretion in favor of the grantor.
(d)Any postponement of the date specified for the reacquisition of possession or enjoyment of the reversionary interest shall be treated as a new transfer in trust commencing with the date on which the postponement is effective and terminating with the date prescribed by the postponement. However, income for any period shall not be included in the income of the grantor by reason of the preceding sentence if such income would not be so includible in the absence of such postponement.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsecs. (c), (d). Pub. L. 100–647 added subsecs. (c) and (d). 1986—Pub. L. 99–514 amended section generally, substituting “the value of such interest exceeds 5 percent of the value of such portion” for “the interest will or may reasonably be expected to take effect in possession or enjoyment within 10 years commencing with the date of the transfer of that portion of the trust” in subsec. (a), adding subsec. (b), striking out subsec. (c) which provided that the grantor not be treated under subsec. (a) as the owner of any portion of a trust where his reversionary interest in such portion was not to take effect in possession or enjoyment until the death of the persons to whom the income therefrom was payable, and subsec. (d) which provided that any postponement of the date specified for the reacquisition of possession or enjoyment of the reversionary interest be treated as a new transfer in trust commencing with the date on which the postponement was effected and terminating with the date prescribed by the postponement. 1969—Subsec. (b). Pub. L. 91–172 struck out provisions relating to trusts where the income was payable to a charitable beneficiary for at least a two-year period.

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 Pub. L. 99–514, title XIV, § 1402(c), Oct. 22, 1986, 100 Stat. 2712, provided that: “(1) In general.—Except as provided in paragraph (2), the

Amendments

made by this section [amending this section and section 674, 676, and 677 of this title] shall apply with respect to transfers in trust made after March 1, 1986. “(2) Transfers pursuant to property settlement agreement.—The

Amendments

made by this section shall not apply to any transfer in trust made after
March 1, 1986, pursuant to a binding property settlement agreement entered into on or before
March 1, 1986, which required the taxpayer to establish a grantor trust and for the transfer of a specified sum of money or property to the trust by the taxpayer. This paragraph shall apply only to the extent of the amount required to be transferred under the agreement described in the preceding sentence.”

Effective Date

of 1969 AmendmentAmendment by Pub. L. 91–172 applicable to transfers in trust made after April 22, 1969, see section 201(g)(3) of Pub. L. 91–172, set out as a note under section 170 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 673

Title 26 — Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73