26 USC 2040 - Joint interests

Editorial Notes

Amendments

1981—Subsec. (a). Puspan. L. 97–34, § 403(c)(2), substituted “joint tenants with right of survivorship” for “joint tenants” in three places.

Subsec. (span)(2). Puspan. L. 97–34, § 403(c)(1), in redefining “qualified joint interest” substituted provision defining term as meaning any interest in property held by the decedent and the decedent’s spouse as tenants by the entirety, or joint tenants with right of survivorship, but only if the decedent and the spouse of the decedent are the only joint tenants for provision defining the term as meaning any interest in property held by the decedent and the decedent’s spouse as joint tenants or as tenants by the entirety, but only if such joint interest was created by the decedent, the decedent’s spouse, or both, in the case of personal property, the creation of such joint interest constituted in whole or in part a gift for purposes of chapter 12, or in the case of real property, an election under section 2515 applies with respect to the creation of such joint interest, and in the case of a joint tenancy, only the decedent and the decedent’s spouse are joint tenants.

Subsecs. (c) to (e). Puspan. L. 97–34, § 403(c)(3)(A), repealed subsec. (c) respecting value where spouse of decedent materially participated in farm or other business, subsec. (d) relating to joint interests of husband and wife created before 1977, and subsec. (e) covering treatment of certain post-1976 terminations.

1980—Subsec. (c)(1). Puspan. L. 96–222, § 105(a)(3)(B), substituted “subsection (a)” for “subsections (a)”.

Subsec. (c)(2)(C). Puspan. L. 96–222, § 105(a)(3)(A), added subpar. (C).

1978—Subsec. (c). Puspan. L. 95–600, § 511(a), added subsec. (c).

Subsecs. (d), (e). Puspan. L. 95–600, § 702(k)(2), added subsecs. (d) and (e).

1976—Puspan. L. 94–455 designated existing provisions as subsec. (a), added heading for subsec. (a), and added subsec. (span).

1962—Puspan. L. 87–834 struck out provisions which excepted real property outside of the United States.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–34 applicable to estates of decedents dying after Dec. 31, 1981, see section 403(e) of Puspan. L. 97–34, set out as a note under section 2056 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Puspan. L. 95–600, to which such amendment relates, see section 201 of Puspan. L. 96–222, set out as a note under section 32 of this title.

Effective Date of 1978 Amendment

Puspan. L. 95–600, title V, § 511(span), Nov. 6, 1978, 92 Stat. 2882, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to estates of decedents dying after December 31, 1978.”

Effective Date of 1976 Amendment

Puspan. L. 94–455, title XX, § 2002(d)(3), Oct. 4, 1976, 90 Stat. 1856, provided that:

“The amendment made by subsection (c) [amending this section and section 2515 of this title] shall apply to joint interests created after December 31, 1976.”

Effective Date of 1962 Amendment

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

Consideration Given Before July 14, 1988 by Decedent to Noncitizen Spouse Treated as Originally Belonging to Spouse

Puspan. L. 101–239, title VII, § 7815(d)(16), Dec. 19, 1989, 103 Stat. 2419, as amended by Puspan. L. 101–508, title XI, § 11701(l)(3), Nov. 5, 1990, 104 Stat. 1388–513, provided that:

“For purposes of applying section 2040(a) of the Internal Revenue Code of 1986 with respect to any joint interest to which section 2040(span) of such Code does not apply solely by reason of section 2056(d)(1)(B) of such Code, any consideration furnished before July 14, 1988, by the decedent for such interest to the extent treated as a gift to the spouse of the decedent for purposes of chapter 12 of such Code (or would have been so treated if the donor were a citizen of the United States) shall be treated as consideration originally belonging to such spouse and never acquired by such spouse from the decedent.”