26 USC 2501 - Imposition of tax

Editorial Notes

Amendments

2015—Subsec. (a)(6). Puspan. L. 114–113 added par. (6).

2004—Subsec. (a)(3) to (5). Puspan. L. 108–357 added pars. (3) and (5), redesignated former par. (5) as (4), and struck out former pars. (3) and (4) which related to exception of certain individuals from taxable transfers and burden of proof.

1997—Subsec. (a)(3)(C). Puspan. L. 105–34 substituted “donor” for “decedent”.

1996—Subsec. (a)(3). Puspan. L. 104–191, § 511(e)(2), substituted “Exception” for “Exceptions” in heading and amended text generally. Prior to amendment, text read as follows: “Paragraph (2) shall not apply in the case of a donor who at any time after March 8, 1965, and within the 10-year period ending with the date of transfer lost United States citizenship unless—

“(A) such donor’s loss of United States citizenship resulted from the application of section 301(span), 350, or 355 of the Immigration and Nationality Act, as amended (8 U.S.C. 1401(span), 1482, or 1487), or

“(B) such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle A.”

Subsec. (a)(3)(E). Puspan. L. 104–191, § 511(f)(2)(B), added subpar. (E).

1990—Subsec. (d)(3). Puspan. L. 101–508 struck out par. (3) which read as follows: “For treatment of certain transfers related to estate tax valuation freezes as gifts to which this chapter applies, see section 2036(c)(4).”

1988—Subsec. (d)(3). Puspan. L. 100–647 added par. (3).

1981—Subsec. (a)(1), (4). Puspan. L. 97–34 substituted “calendar year” for “calendar quarter” wherever appearing.

1976—Subsec. (a)(1). Puspan. L. 94–455 inserted “for each calendar quarter” after “hereby imposed” and struck out “For the first calendar quarter of calendar year 1971 and each calendar quarter thereafter” after “General rule-”.

Subsec. (a)(4). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

1975—Subsec. (a)(5). Puspan. L. 93–625 added par. (5).

1970—Subsec. (a)(1). Puspan. L. 91–614, § 102(a)(1)(A), substituted “For the first calendar quarter of the calendar year 1971 and each calendar quarter thereafter” for “For the calendar year 1955 and each calendar year thereafter” and “during such calendar quarter” for “during such calendar year”.

Subsec. (a)(4). Puspan. L. 91–614, § 102(a)(1)(B), substituted “calendar quarter” for “calendar year”.

1966—Subsec. (a). Puspan. L. 89–809 redesignated existing provisions as par. (1), struck out “, except transfers of intangible property by a nonresident not a citizen of the United States and who was not engaged in business in the United States during such calendar year” after “resident or nonresident”, and added pars. (2) to (4).

1960—Subsec. (a). Puspan. L. 86–779, § 4(d)(2), struck out “who is” before “not a citizen”.

Subsecs. (c), (d). Puspan. L. 86–779, § 4(d)(1), added subsec. (c) and redesignated former subsec. (c) as (d).

1958—Subsec. (span). Puspan. L. 85–866, § 102(span), added subsec. (span) and redesignated former subsec. (span) as (c).

Subsec. (c). Puspan. L. 85–866, § 102(span), redesignated former subsec. (span) as (c) and Puspan. L. 85–866, § 43(span), made the heading read in the plural, designated existing provisions as par. (2) and added par. (1).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Puspan. L. 114–113, div. Q, title IV, § 408(span), Dec. 18, 2015, 129 Stat. 3121, provided that: “The amendment made by subsection (a) [amending this section] shall apply to gifts made after the date of the enactment of this Act [Dec. 18, 2015].”

Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–357 applicable to individuals who expatriate after June 3, 2004, see section 804(f) of Puspan. L. 108–357, set out as a note under section 877 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–34 effective as if included in the provisions of the Health Insurance Portability and Accountability Act of 1996, Puspan. L. 104–191, to which such amendment relates, see section 1602(i) of Puspan. L. 105–34, set out as a note under section 26 of this title.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–191 applicable to individuals losing United States citizenship on or after Fespan. 6, 1995, and to long-term residents of the United States with respect to whom an event described in section 877(e)(1)(A) or (B) of this title occurs on or after Fespan. 6, 1995, with special rule for certain individuals who performed an act of expatriation specified in section 1481(a)(1)–(4) of Title 8, Aliens and Nationality, before Fespan. 6, 1995, see section 511(g) of Puspan. L. 104–191, set out as a note under section 877 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–508 applicable in the case of property transferred after Dec. 17, 1987, see section 11601(c) of Puspan. L. 101–508, set out as a note under section 2036 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 applicable in cases where transfer referred to in section 2036(c)(1)(B) of this title is on or after June 21, 1988, see section 3031(h)(2) of Puspan. L. 100–647, set out as a note under section 2036 of this title.

Effective Date of 1981 Amendment

Puspan. L. 97–34, title IV, § 442(e), Aug. 13, 1981, 95 Stat. 323, provided that: “The amendments made by this section [amending this section and sections 1015, 2502, 2503, 2504, 2505, 2512, 2513, 2522, 6019, 6075, and 6212 of this title] shall apply with respect to gifts made after December 31, 1981.”

Effective Date of 1976 Amendment

Puspan. L. 94–455, title XIX, § 1902(c)(2), Oct. 4, 1976, 90 Stat. 1806, as amended by Puspan. L. 95–600, title VII, § 703(j)(12), Nov. 6, 1978, 92 Stat. 2942, provided that: “The amendments made by paragraphs (10), (11), and (12)(D) and (E) of subsection (a) [amending this section and sections 2522 and 2523 of this title] shall apply with respect to gifts made after December 31, 1976.”

Effective Date of 1975 Amendment

Puspan. L. 93–625, § 14(span), Jan. 3, 1975, 88 Stat. 2121, provided that: “The amendment made by subsection (a) [amending this section] shall apply to transfers made after May 7, 1974.”

Effective Date of 1970 Amendment

Puspan. L. 91–614, title I, § 102(e), Dec. 31, 1970, 84 Stat. 1842, provided that: “The amendments made by this section [amending this section and sections 1015, 2012, 2502, 2503, 2504, 2512, 2513, 2515, 2521, 2522, 2523, 6019, 6075, 6212, 6214, 6324, 6501, and 6512 of this title and enacting provisions set out as a note under this section] shall apply with respect to gifts made after December 31, 1970.”

Effective Date of 1966 Amendment

Puspan. L. 89–809, title I, § 109(c), Nov. 13, 1966, 80 Stat. 1575, provided that: “The amendments made by this section [amending this section and section 2511 of this title] shall apply with respect to the calendar year 1967 and all calendar years thereafter.”

Effective Date of 1960 Amendment

Puspan. L. 86–779, § 4(e)(3), Sept. 14, 1960, 74 Stat. 1000, provided that: “The amendments made by subsection (d) [amending this section] shall apply with respect to gifts made after the date of the enactment of this Act [Sept. 14, 1960].”

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–866 applicable to gifts made after September 2, 1958, see section 102(d) of Puspan. L. 85–866, set out as a note under section 2014 of this title.

Construction of 2015 Amendment

Puspan. L. 114–113, div. Q, title IV, § 408(c), Dec. 18, 2015, 129 Stat. 3121, provided that: “Nothing in the amendment made by subsection (a) [amending this section] shall be construed to create any inference with respect to whether any transfer of property (whether made before, on, or after the date of the enactment of this Act [Dec. 18, 2015]) to an organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 is a transfer of property by gift for purposes of chapter 12 of such Code.”

Election To Have Amendments by Title IV of the Economic Recovery Tax Act of 1981 Not Apply

Puspan. L. 97–448, title I, § 104(d)(3), Jan. 12, 1983, 96 Stat. 2383, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(A) In the case of any decedent—

“(i) who dies before August 13, 1984, and

“(ii) who made a gift (before August 13, 1981, and during the 3-year period ending on the date of the decedent’s death) on which tax imposed by chapter 12 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] has been paid before April 16, 1982,

such decedent’s executor may make an election to have subtitle B of such Code (relating to estate and gift taxes) applied with respect to such decedent without regard to any of the amendments made by title IV of the Economic Recovery Tax Act of 1981 [Puspan. L. 97–34, title IV].

“(B) An election under subparagraph (A) shall be made at such time and in such manner as the Secretary of the Treasury or his delegate shall prescribe.

“(C) An election under subparagraph (A), once made, shall be irrevocable.”