26 U.S.C. § 2055 | Transfers for public, charitable, and religious uses

(a)

In general

For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of all bequests, legacies, devises, or transfers—

(1)

to or for the use of the United States, any State, any political subdivision thereof, or the District of Columbia, for exclusively public purposes;

(2)

to or for the use of any corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;

(3)

to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;

(4)

to or for the use of any veterans’ organization incorporated by Act of Congress, or of its departments or local chapters or posts, no part of the net earnings of which inures to the benefit of any private shareholder or individual; or

(5)

to an employee stock ownership plan if such transfer qualifies as a qualified gratuitous transfer of qualified employer securities within the meaning of section 664(g).

For purposes of this subsection, the complete termination before the date prescribed for the filing of the estate tax return of a power to consume, invade, or appropriate property for the benefit of an individual before such power has been exercised by reason of the death of such individual or for any other reason shall be considered and deemed to be a qualified disclaimer with the same full force and effect as though he had filed such qualified disclaimer. Rules similar to the rules of section 501(j) shall apply for purposes of paragraph (2).

(b)

Powers of appointment

Property includible in the decedent’s gross estate under section 2041 (relating to powers of appointment) received by a donee described in this section shall, for purposes of this section, be considered a bequest of such decedent.

(c)

Death taxes payable out of bequests

If the tax imposed by section 2001, or any estate, succession, legacy, or inheritance taxes, are, either by the terms of the will, by the law of the jurisdiction under which the estate is administered, or by the law of the jurisdiction imposing the particular tax, payable in whole or in part out of the bequests, legacies, or devises otherwise deductible under this section, then the amount deductible under this section shall be the amount of such bequests, legacies, or devises reduced by the amount of such taxes.

(d)

Limitation on deduction

The amount of the deduction under this section for any transfer shall not exceed the value of the transferred property required to be included in the gross estate.

(e)

Disallowance of deductions in certain cases

(1)

No deduction shall be allowed under this section for a transfer to or for the use of an organization or trust described in section 508(d) or 4948(c)(4) subject to the conditions specified in such sections.

(2)

Where an interest in property (other than an interest described in section 170(f)(3)(B)) passes or has passed from the decedent to a person, or for a use, described in subsection (a), and an interest (other than an interest which is extinguished upon the decedent’s death) in the same property passes or has passed (for less than an adequate and full consideration in money or money’s worth) from the decedent to a person, or for a use, not described in subsection (a), no deduction shall be allowed under this section for the interest which passes or has passed to the person, or for the use, described in subsection (a) unless—

(A)

in the case of a remainder interest, such interest is in a trust which is a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664) or a pooled income fund (described in section 642(c)(5)), or

(B)

in the case of any other interest, such interest is in the form of a guaranteed annuity or is a fixed percentage distributed yearly of the fair market value of the property (to be determined yearly).

(3)

Reformations to comply with paragraph (2).—

(A)

In general .—

A deduction shall be allowed under subsection (a) in respect of any qualified reformation.

(B)

Qualified reformation .—

For purposes of this paragraph, the term “qualified reformation” means a change of a governing instrument by reformation, amendment, construction, or otherwise which changes a reformable interest into a qualified interest but only if—

(i)

any difference between—

(I)

the actuarial value (determined as of the date of the decedent’s death) of the qualified interest, and

(II)

the actuarial value (as so determined) of the reformable interest,

does not exceed 5 percent of the actuarial value (as so determined) of the reformable interest,

(ii)

in the case of—

(I)

a charitable remainder interest, the nonremainder interest (before and after the qualified reformation) terminated at the same time, or

(II)

any other interest, the reformable interest and the qualified interest are for the same period, and

(iii)

such change is effective as of the date of the decedent’s death.

A nonremainder interest (before reformation) for a term of years in excess of 20 years shall be treated as satisfying subclause (I) of clause (ii) if such interest (after reformation) is for a term of 20 years.

(C)

Reformable interest .—

For purposes of this paragraph—

(i)

In general .—

The term “reformable interest” means any interest for which a deduction would be allowable under subsection (a) at the time of the decedent’s death but for paragraph (2).

(ii)

Beneficiary’s interest must be fixed .—

The term “reformable interest” does not include any interest unless, before the remainder vests in possession, all payments to persons other than an organization described in subsection (a) are expressed either in specified dollar amounts or a fixed percentage of the fair market value of the property. For purposes of determining whether all such payments are expressed as a fixed percentage of the fair market value of the property, section 664(d)(3) shall be taken into account.

(iii)

Special rule where timely commencement of reformation .—

Clause (ii) shall not apply to any interest if a judicial proceeding is commenced to change such interest into a qualified interest not later than the 90th day after—

(I)

if an estate tax return is required to be filed, the last date (including extensions) for filing such return, or

(II)

if no estate tax return is required to be filed, the last date (including extensions) for filing the income tax return for the 1st taxable year for which such a return is required to be filed by the trust.

(iv)

january 1, 1979Special rule for will executed before , etc .—

January 1, 1979In the case of any interest passing under a will executed before , or under a trust created before such date, clause (ii) shall not apply.

(D)

Qualified interest .—

For purposes of this paragraph, the term “qualified interest” means an interest for which a deduction is allowable under subsection (a).

(E)

Limitation .—

The deduction referred to in subparagraph (A) shall not exceed the amount of the deduction which would have been allowable for the reformable interest but for paragraph (2).

(F)

Special rule where income beneficiary dies .—

If (by reason of the death of any individual, or by termination or distribution of a trust in accordance with the terms of the trust instrument) by the due date for filing the estate tax return (including any extension thereof) a reformable interest is in a wholly charitable trust or passes directly to a person or for a use described in subsection (a), a deduction shall be allowed for such reformable interest as if it had met the requirements of paragraph (2) on the date of the decedent’s death. For purposes of the preceding sentence, the term “wholly charitable trust” means a charitable trust which, upon the allowance of a deduction, would be described in section 4947(a)(1).

(G)

Statute of limitations .—

The period for assessing any deficiency of any tax attributable to the application of this paragraph shall not expire before the date 1 year after the date on which the Secretary is notified that such reformation (or other proceeding pursuant to subparagraph (J)) has occurred.

(H)

Regulations .—

The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph, including regulations providing such adjustments in the application of the provisions of section 508 (relating to special rules relating to section 501(c)(3) organizations), subchapter J (relating to estates, trusts, beneficiaries, and decedents), and chapter 42 (relating to private foundations) as may be necessary by reason of the qualified reformation.

(I)

Reformations permitted in case of remainder interests in residence or farm, pooled income funds, etc .—

The Secretary shall prescribe regulations (consistent with the provisions of this paragraph) permitting reformations in the case of any failure—

(i)

to meet the requirements of section 170(f)(3)(B) (relating to remainder interests in personal residence or farm, etc.), or

(ii)

to meet the requirements of section 642(c)(5).

(J)

Void or reformed trust in cases of insufficient remainder interests .—

In the case of a trust that would qualify (or could be reformed to qualify pursuant to subparagraph (B)) but for failure to satisfy the requirement of paragraph (1)(D) or (2)(D) of section 664(d), such trust may be—

(i)

declared null and void ab initio, or

(ii)

changed by reformation, amendment, or otherwise to meet such requirement by reducing the payout rate or the duration (or both) of any noncharitable beneficiary’s interest to the extent necessary to satisfy such requirement,

pursuant to a proceeding that is commenced within the period required in subparagraph (C)(iii). In a case described in clause (i), no deduction shall be allowed under this title for any transfer to the trust and any transactions entered into by the trust prior to being declared void shall be treated as entered into by the transferor.

(4)

Works of art and their copyrights treated as separate properties in certain cases.—

(A)

In general .—

In the case of a qualified contribution of a work of art, the work of art and the copyright on such work of art shall be treated as separate properties for purposes of paragraph (2).

(B)

Work of art defined .—

For purposes of this paragraph, the term “work of art” means any tangible personal property with respect to which there is a copyright under Federal law.

(C)

Qualified contribution defined .—

For purposes of this paragraph, the term “qualified contribution” means any transfer of property to a qualified organization if the use of the property by the organization is related to the purpose or function constituting the basis for its exemption under section 501.

(D)

Qualified organization defined .—

For purposes of this paragraph, the term “qualified organization” means any organization described in section 501(c)(3) other than a private foundation (as defined in section 509). For purposes of the preceding sentence, a private operating foundation (as defined in section 4942(j)(3)) shall not be treated as a private foundation.

(5)

Contributions to donor advised funds .—

A deduction otherwise allowed under subsection (a) for any contribution to a donor advised fund (as defined in section 4966(d)(2)) shall only be allowed if—

(A)

the sponsoring organization (as defined in section 4966(d)(1)) with respect to such donor advised fund is not—

(i)

described in paragraph (3) or (4) of subsection (a), or

(ii)

a type III supporting organization (as defined in section 4943(f)(5)(A)) which is not a functionally integrated type III supporting organization (as defined in section 4943(f)(5)(B)), and

(B)

the taxpayer obtains a contemporaneous written acknowledgment (determined under rules similar to the rules of section 170(f)(8)(C)) from the sponsoring organization (as so defined) of such donor advised fund that such organization has exclusive legal control over the assets contributed.

(f)

Special rule for irrevocable transfers of easements in real property

A deduction shall be allowed under subsection (a) in respect of any transfer of a qualified real property interest (as defined in section 170(h)(2)(C)) which meets the requirements of section 170(h) (without regard to paragraph (4)(A) thereof).

(g)

Cross references

(1)

For option as to time for valuation for purpose of deduction under this section, see section 2032.

(2)

For treatment of certain organizations providing child care, see section 501(k).

(3)

section 5 of the Act of March 3, 1925 2 U.S.C. 161 For exemption of gifts and bequests to or for the benefit of Library of Congress, see , as amended ().

(4)

section 8622 of title 10 For treatment of gifts and bequests for the benefit of the Naval Historical Center as gifts or bequests to or for the use of the United States, see , United States Code.

(5)

section 8 of the Act of December 18, 1967 16 U.S.C. 191 For treatment of gifts and bequests to or for the benefit of National Park Foundation as gifts or bequests to or for the use of the United States, see ().

(6)

For treatment of gifts, devises, or bequests accepted by the Secretary of State, the Director of the International Communication Agency, or the Director of the United States International Development Cooperation Agency as gifts, devises, or bequests to or for the use of the United States, see section 25 of the State Department Basic Authorities Act of 1956.

(7)

section 4043 of title 18 For treatment of gifts or bequests of money accepted by the Attorney General for credit to “Commissary Funds, Federal Prisons,” as gifts or bequests to or for the use of the United States, see , United States Code.

(8)

section 3113(e) of title 31 For payment of tax on gifts and bequests of United States obligations to the United States, see , United States Code.

(9)

section 8473 of title 10 For treatment of gifts and bequests for benefit of the Naval Academy as gifts or bequests to or for the use of the United States, see , United States Code.

(10)

section 8474 of title 10 For treatment of gifts and bequests for benefit of the Naval Academy Museum as gifts or bequests to or for the use of the United States, see , United States Code.

(11)

section 2308 of title 44 For exemption of gifts and bequests received by National Archives Trust Fund Board, see , United States Code.

(12)

For treatment of gifts and bequests to or for the use of Indian tribal governments (or their subdivisions), see section 7871.

Aug. 16, 1954, ch. 736 68A Stat. 390 Aug. 6, 1956, ch. 1020, § 1 70 Stat. 1075 Pub. L. 85–866, title I, § 30(d)Sept. 2, 195872 Stat. 1631 Pub. L. 91–172, title II, § 201(d)(1)Dec. 30, 196983 Stat. 560 Pub. L. 91–614, title I, § 101(c)Dec. 31, 197084 Stat. 1836 Pub. L. 93–483, § 3(a)Oct. 26, 197488 Stat. 1457 Pub. L. 94–455, title XIIIOct. 4, 197690 Stat. 1715 Pub. L. 95–600, title V, § 514(a)Nov. 6, 197892 Stat. 2883 Pub. L. 96–222, title I, § 105(a)(4)(A)Apr. 1, 198094 Stat. 219 Pub. L. 96–465, title II, § 2206(e)(4)Oct. 17, 198094 Stat. 2163 Pub. L. 96–605, title III, § 301(a)Dec. 28, 198094 Stat. 3530 Pub. L. 97–34, title IV, § 423(a)Aug. 13, 198195 Stat. 316 Pub. L. 97–248, title II, § 286(b)(2)Sept. 3, 198296 Stat. 570 Pub. L. 97–258, § 3(f)(1)Sept. 13, 198296 Stat. 1064 Pub. L. 97–473, title II, § 202(b)(5)Jan. 14, 198396 Stat. 2610 Pub. L. 98–369, div. A, title XJuly 18, 198498 Stat. 1026 Pub. L. 99–514, title XIV, § 1422(a)Oct. 22, 1986100 Stat. 2716 Pub. L. 100–203, title X, § 10711(a)(3)Dec. 22, 1987101 Stat. 1330–464 Pub. L. 104–201, div. A, title X, § 1073(b)(3)Sept. 23, 1996110 Stat. 2657 Pub. L. 105–34, title X, § 1089(b)(3)Aug. 5, 1997111 Stat. 960 Pub. L. 109–280, title XIIAug. 17, 2006120 Stat. 1081 Pub. L. 110–172, § 3(d)(1)Dec. 29, 2007121 Stat. 2474 Pub. L. 115–141, div. U, title IV, § 401(a)(202)Mar. 23, 2018132 Stat. 1193 Pub. L. 115–232, div. A, title VIII, § 809(h)(2)Aug. 13, 2018132 Stat. 1842(, ; , ; , , ; , (4)(A), , , 561; , , ; , , ; , §§ 1304(a), 1307(d)(1)(B)(ii), (C), 1313(b)(2), title XIX, §§ 1902(a)(4), (12)(A), 1906(b)(13)(A), title XX, § 2009(b)(4)(B), (C), title XXI, § 2124(e)(2), , , 1727, 1730, 1804, 1805, 1834, 1894, 1919; , , ; , , ; , , ; , , ; , , ; , , ; , (2), , ; , , ; , §§ 1022(a), 1032(b)(2), , , 1033; , , ; , , ; , , ; , (5), title XV, § 1530(c)(7), , , 961, 1078; , §§ 1218(b), 1234(b), , , 1100; , , ; , , ; , , .)

Editorial Notes

References in Text

section 2697 of Title 22Section 25 of the State Department Basic Authorities Act of 1956, referred to in subsec. (g)(6), is classified to , Foreign Relations and Intercourse.

Codification

Pub. L. 109–280Sections 1218(b) and 1234(b) of , which directed the amendment of section 2055 without specifying the act to be amended, were executed to this section, which is section 2055 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.

Amendments

Pub. L. 115–1412018—Subsec. (e)(3)(G). substituted “subparagraph (J))” for “subparagraph (J)”.

Pub. L. 115–232, § 809(h)(2)(A)section 8622 of title 10 section 7222 of title 10Subsec. (g)(4). , substituted “, United States Code” for “, United States Code”.

Pub. L. 115–232, § 809(h)(2)(B)section 8473 of title 10 section 6973 of title 10Subsec. (g)(9). , substituted “, United States Code” for “, United States Code”.

Pub. L. 115–232, § 809(h)(2)(C)section 8474 of title 10 section 6974 of title 10Subsec. (g)(10). , substituted “, United States Code” for “, United States Code”.

Pub. L. 110–1722007—Subsecs. (g), (h). redesignated subsec. (h) as (g) and struck out heading and text of former subsec. (g). Text read as follows:

In general“(1) .—In the case of any additional contribution, the fair market value of such contribution shall be determined by using the lesser of—

“(A) the fair market value of the property at the time of the initial fractional contribution, or

“(B) the fair market value of the property at the time of the additional contribution.

Definitions“(2) .—For purposes of this paragraph—

Additional contribution“(A) .—The term ‘additional contribution’ means a bequest, legacy, devise, or transfer described in subsection (a) of any interest in a property with respect to which the decedent had previously made an initial fractional contribution.

Initial fractional contribution“(B) .—The term ‘initial fractional contribution’ means, with respect to any decedent, any charitable contribution of an undivided portion of the decedent’s entire interest in any tangible personal property for which a deduction was allowed under section 170.”

Pub. L. 109–280, § 1234(b)2006—Subsec. (e)(5). , added par. (5). See Codification note above.

Pub. L. 109–280, § 1218(b)Subsecs. (g), (h). , added subsec. (g) and redesignated former subsec. (g) as (h). See Codification note above.

Pub. L. 105–34, § 1530(c)(7)1997—Subsec. (a)(5). , added par. (5).

Pub. L. 105–34, § 1089(b)(5)Subsec. (e)(3)(G). , inserted “(or other proceeding pursuant to subparagraph (J)” after “reformation”.

Pub. L. 105–34, § 1089(b)(3)Subsec. (e)(3)(J). , added subpar. (J).

Pub. L. 104–2011996—Subsec. (g)(4). amended par. (4) generally, substituting reference to Naval Historical Center for reference to Office of Naval Records and History.

Pub. L. 100–2031987—Subsec. (a)(2), (3). inserted “(or in opposition to)” after “on behalf of”.

Pub. L. 99–5141986—Subsecs. (f), (g). added subsec. (f) and redesignated former subsec. (f) as (g).

Pub. L. 98–369, § 1022(a)December 31, 1978December 31, 1981December 31, 19811984—Subsec. (e)(3). , amended par. (3) generally, substituting provisions relating to reformations to comply with par. (2), defining “qualified reformation”, “reformable interest”, and “qualified interest”, and setting forth limitations on the deduction, a special rule where the income beneficiary dies, statute of limitations, regulations prescribed by the Secretary, and reformations permitted in the case of remainder interests in a residence or farm, pooled income funds, etc., for former par. (3), which provided: “In the case of a will executed before , or a trust created before such date, if a deduction is not allowable at the time of the decedent’s death because of the failure of an interest in property which passes from the decedent to a person, or for a use, described in subsection (a) to meet the requirements of subparagraph (A) or (B) of paragraph (2) of this subsection, and if the governing instrument is amended or conformed on or before , or, if later, on or before the 30th day after the date on which judicial proceedings begun on or before , (which are required to amend or conform the governing instrument), become final, so that the interest is in a trust which meets the requirements of such subparagraph (A) or (B) (as the case may be), a deduction shall nevertheless be allowed. The Secretary may, by regulation, provide for the application of the provisions of this paragraph to trusts whose governing instruments are amended or conformed in accordance with this paragraph, and such regulations may provide for any adjustments in the application of the provisions of section 508 (relating to special rules with respect to section 501(c)(3) organizations), subchapter J (relating to estates, trusts, beneficiaries, and decedents), and chapter 42 (relating to private foundations), to such trusts made necessary by the application of this paragraph. If, by the due date for the filing of an estate tax return (including any extension thereof), the interest is in a charitable trust which, upon allowance of a deduction, would be described in section 4947(a)(1), or the interest passes directly to a person or for a use described in subsection (a), a deduction shall be allowed as if the governing instrument was amended or conformed under this paragraph. If the amendment or conformation of the governing instrument is made after the due date for the filing of the estate tax return (including any extension thereof), the deduction shall be allowed upon the filing of a timely claim for credit or refund (as provided for in section 6511) of an overpayment resulting from the application of this paragraph. In the case of a credit or refund as a result of an amendment or conformation made pursuant to this paragraph, no interest shall be allowed for the period prior to the expiration of the 180th day after the date on which the claim for credit or refund is filed.”

Pub. L. 98–369, § 1032(b)(2)Subsec. (f)(2). , added par. (2), and redesignated former pars. (2) to (11) as pars. (3) to (12), respectively.

Pub. L. 97–4731983—Subsec. (f)(11). added par. (11).

Pub. L. 97–248 section 501(j) of this title1982—Subsec. (a). inserted provision that rules similar to the rules of shall apply for purposes of par. (2).

Pub. L. 97–258, § 3(f)(1)section 4043 of title 18 section 2 of the Act of May 15, 1952July 9, 195231 U.S.C. 725s–4Subsec. (f)(6). , substituted “, United States Code” for “, as amended by the Act of ()”.

Pub. L. 97–258, § 3(f)(2)section 3113(e) of title 31 31 U.S.C. 757eSubsec. (f)(7). , substituted “, United States Code” for “section 24 of the Second Liberty Bond Act ()”.

Pub. L. 97–341981—Subsec. (e)(4). added par. (4).

Pub. L. 96–605December 31, 1978December 31, 1977December 31, 1981December 31, 19781980—Subsec. (e)(3). substituted “” for “” and “” for “” in two places.

Pub. L. 96–222 substituted “such subparagraph (A) or (B)” for “such subparagraph (a) or (B)” and “so that the interest” for “so that interest”.

Pub. L. 96–465Subsec. (f)(5). , among other changes, inserted references to the Director of the International Communication Agency and the Director of the United States International Development Cooperation Agency and substituted reference to section 25 of the State Department Basic Authorities Act of 1956 for reference to section 1021(e) of the Foreign Service Act of 1946.

Pub. L. 95–600December 31, 1978December 31, 19771978—Subsec. (e)(3). inserted “or (B)” before “of paragraph (2)”, substituted “on or before ” for “on or before ” wherever appearing and “which meets the requirements of such subparagraph (a) or (B) (as the case may be),” for “which is a charitable remainder annuity trust, a charitable remainder unitrust (described in section 664), or a pooled income fund (described in section 642(c)(5)),”.

Pub. L. 94–4551976—Subsec. (a). , §§ 1307(d)(1)(B)(ii), (C), 1313(b)(2), 1902(a)(12)(A), 2009(b)(4)(B), (C), struck out “(including the interest which falls into any such bequest, legacy, devise, or transfer as a result of an irrevocable disclaimer of a bequest, legacy, devise, transfer, or power, if the disclaimer is made before the date prescribed for the filing of the estate tax return)” after “or transfers” in provisions preceding par. (1), struck out “Territory,” after “State,” in par. (1), inserted “, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment),” after “encouragement of art” and substituted “which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation,” for “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation,” in par. (2), substituted “such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation,” for “no substantial part of the activities of such trustee or trustees, or of such fraternal society, order, or association, is carrying on propaganda, or otherwise attempting, to influence legislation,” in par. (3), and, in provisions following par. (4), substituted “a qualified disclaimer” for “an irrevocable disclaimer” and “such qualified disclaimer” for “such irrevocable disclaimer”.

Pub. L. 94–455, § 1902(a)(4)(A)Subsec. (b). , struck out provisions under which a bequest in trust, if the surviving spouse of the decedent was entitled for life to all of the net income from the trust and the surviving spouse had a power of appointment over the corpus of that trust exercisable by will in favor of, among others, organizations described in subsec. (a)(2), could be deemed a transfer to the organization by the decedent under certain conditions.

Pub. L. 94–455, § 2124(e)(2)Subsec. (e)(2). , substituted “(other than an interest described in section 170(f)(3)(B))” for “(other than a remainder interest in a personal residence or farm or an undivided portion of the decedent’s entire interest in property)” in provisions preceding subpar. (A).

Pub. L. 94–455, § 1304(a)December 31, 1977September 21, 1974December 31, 1977December 31, 1977December 31, 1975December 31, 1975Subsec. (e)(3). , § 1906(b)(13)(A), substituted “will executed before ,” for “will executed before ,” and “amended or conformed on or before , or, if later, on or before the 30th day after the date on which judicial proceedings begun on or before ” for “amended or conformed on or before , or, if later, on or before the 30th day after the date on which judicial proceedings begun on or before ” and struck out “or his delegate” after “Secretary”.

Pub. L. 94–455, § 1902(a)(4)(B)section 2 of the Act of Aug. 8, 1946 60 Stat. 924 5 U.S.C. 393 section 7222 of title 10 section 2 of the Act of March 4, 1937 50 Stat. 25 5 U.S.C. 419b section 8 of the Act of December 18, 1967 16 U.S.C. 191 section 5 of the Act of July 10, 1935 49 Stat. 478 16 U.S.C. 19cSubsec. (f). , extended par. (2) by inserting reference to gifts, struck out par. (3) which made a cross reference to (; ) for construction of bequests for benefit of the library of the Post Office Department as bequests to or for the use of the United States, redesignated pars. (4)–(11) as (3)–(10), respectively, substituted “For treatment of gifts and bequests for the benefit of the Office of Naval Records and History as gifts or bequests to or for the use of the United States, see , United States Code” for “For exemption of bequests for benefit of Office of Naval Records and Library, Navy Department, see (; )” in par. (3) as so redesignated, substituted “For treatment of gifts and bequests to or for the benefit of National Park Foundation as gifts or bequests to or for the use of the United States, see ()” for “For exemption of bequests to or for benefit of National Park Service, see (; )” in par. (4) as so redesignated, and corrected obsolete and inaccurate references in pars. (5)–(10) as so redesignated.

Pub. L. 93–4831974—Subsec. (e)(3). added par. (3).

Pub. L. 91–6141970—Subsec. (b)(2)(C). substituted “6 months” for “one year”.

Pub. L. 91–172, § 201(d)(4)(A)1969—Subsec. (a)(2). (i), inserted non-participation and non-intervention in political campaigns as an additional qualification.

Pub. L. 91–172, § 201(d)(4)(A)(ii)Subsec. (a)(3). , inserted non-participation and non-intervention in political campaigns as an additional qualification.

Pub. L. 91–172, § 201(d)(1)Subsec. (e). , substituted substantive provisions for simple reference to sections 503 and 681 of this title in which such substantive provisions were formerly set out.

Pub. L. 85–8661958—Subsec. (e). substituted “503” for “504”.

Aug. 6, 19561956—Subsec. (b). Act , designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

section 303 of Pub. L. 97–241Aug. 24, 198296 Stat. 291 section 1461 of Title 22International Communication Agency, and Director thereof, redesignated United States Information Agency, and Director thereof, by , title III, , , set out as a note under , Foreign Relations and Intercourse. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22.

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of Title 10Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding , Armed Forces.

Effective Date of 2007 Amendment

Pub. L. 110–172 Pub. L. 109–280 section 3(j) of Pub. L. 110–172 section 170 of this titleAmendment by effective as if included in the provisions of the Pension Protection Act of 2006, , to which such amendment relates, see , set out as a note under .

Effective Date of 2006 Amendment

section 1218(b) of Pub. L. 109–280Aug. 17, 2006section 1218(d) of Pub. L. 109–280 section 170 of this titleAmendment by applicable to contributions, bequests, and gifts made after , see , set out as a note under .

section 1234(b) of Pub. L. 109–280Aug. 17, 2006section 1234(d) of Pub. L. 109–280 section 170 of this titleAmendment by applicable to contributions made after the date which is 180 days after , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–34July 28, 1997section 1089(b)(6) of Pub. L. 105–34 section 664 of this titleAmendment by section 1089(b)(3), (5) of applicable to transfers in trust after , with special rule for certain decedents, see , set out as a note under .

section 1530(c)(7) of Pub. L. 105–34Aug. 5, 1997section 1530(d) of Pub. L. 105–34 section 401 of this titleAmendment by applicable to transfers made by trusts to, or for the use of, an employee stock ownership plan after , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–203Dec. 22, 1987section 10711(c) of Pub. L. 100–203 section 170 of this titleAmendment by applicable with respect to activities after , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–514, title XIV, § 1422(e)Oct. 22, 1986100 Stat. 2717

December 31, 1986“The amendments made by this section [amending this section and sections 2106 and 2522 of this title] shall apply to transfers and contributions made after .”

, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title X, § 1022(e)July 18, 198498 Stat. 1029 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

“(1)

Subsectionsand (a), (b), (c).—

December 31, 1978July 18, 1984The amendments made by subsections (a), (b), and (c) [amending this section and sections 170 and 2522 of this title] shall apply to reformations after ; except that such amendments shall not apply to any reformation to which section 2055(e)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as in effect on the day before the date of the enactment of this Act []) applies. For purposes of applying clause (iii) of section 2055(e)(3)(C) of such Code (as amended by this section), the 90th day described in such clause shall be treated as not occurring before the 90th day after the date of the enactment of this Act.

“(2)

Subsection (d).—

section 664 of this titleDecember 31, 1978The amendment made by subsection (d) [amending ] shall apply to transfers after .

“(3)

Statute of limitations.—

“(A)

In general .—

July 18, 1984If on the date of the enactment of this Act [] (or at any time before the date 1 year after such date of enactment), credit or refund of any overpayment of tax attributable to the amendments made by this section is barred by any law or rule of law, such credit or refund of such overpayment may nevertheless be made if claim therefor is filed before the date 1 year after the date of the enactment of this Act.

“(B)

No interest where statute closed on date of enactment .—

July 18, 1984In any case where the making of the credit or refund of the overpayment described in subparagraph (A) is barred on the date of the enactment of this Act [], no interest shall be allowed with respect to such overpayment (or any related adjustment) for the period before the date 180 days after the date on which the Secretary of the Treasury (or his delegate) is notified that the reformation has occurred.”

, , , as amended by , , , provided that:

section 1032(b)(2) of Pub. L. 98–369July 18, 1984section 1032(c) of Pub. L. 98–369 section 170 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 97–473 section 204(3) of Pub. L. 97–473 section 7871 of this titleFor effective date of amendment by , see , set out as an Effective Date note under .

Effective Date of 1982 Amendment

Pub. L. 97–248Oct. 5, 1976section 286(c) of Pub. L. 97–248 section 501 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–34, title IV, § 423(c)(1)Aug. 13, 198195 Stat. 317

December 31, 1981“The amendment made by subsection (a) [amending this section] shall apply to the estates of decedents dying after .”

, , , provided that:

Effective Date of 1980 Amendments

Pub. L. 96–605, title III, § 301(b)(1)Dec. 28, 198094 Stat. 3531

December 31, 1969“The amendment made by subsection (a) [amending this section] shall apply in the case of decedents dying after .”

, , , provided that:

Pub. L. 96–465Feb. 15, 1981section 2403 of Pub. L. 96–465 section 3901 of Title 22Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

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

Extension of 1978 Amendment; Charitable Lead Trusts and Charitable Remainder Trusts in Case of Income and Gift Taxes

Pub. L. 96–605, title III, § 301(b)(2)Dec. 28, 198094 Stat. 3531

section 514(b) of Pub. L. 95–600 section 514(c) of Pub. L. 95–600 section 514(a) of Pub. L. 95–600“Section 514(b) [, set out below] (and section 514(c) [, set out below] insofar as it relates to section 514(b)) of the Revenue Act of 1978 shall be applied as if the amendment made by subsection (a) [amending this section] had been included in the amendment made by section 514(a) of such Act [, amending this section].”

, , , provided that:

Effective Date of 1978 Amendment; Charitable Lead Trusts and Charitable Remainder Trusts in Case of Income and Gift Taxes

Pub. L. 95–600, title V, § 514(c)Pub. L. 96–222, title I, § 105(a)(4)(B)Apr. 1, 198094 Stat. 219 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

“(1)

For subsection (a).—

December 31, 1969The amendment made by subsection (a) [amending this section] shall apply in the case of decedents dying after .

“(2)

For subsection (b).—

section 514(b) of Pub. L. 95–600Subsection (b) [, set out below]—

“(A)

July 31, 1969 insofar as it relates to section 170 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall apply to transfers in trust and contributions made after , and

“(B)

December 31, 1969 insofar as it relates to section 2522 of the Internal Revenue Code of 1986 shall apply to transfers made after .”

, as added by , , ; amended , , , provided that:

Effective Date of 1976 Amendment

Pub. L. 94–455, title XIII, § 1304(c)Oct. 4, 197690 Stat. 1716

December 31, 1969“The amendments made by this section [amending this section] shall apply in the case of decedents dying after .”

, , , provided that:

Pub. L. 94–455Dec. 31, 1976section 1307(e) of Pub. L. 94–455 section 501 of this titleAmendment by section 1307(d)(1)(B)(ii), (C) of , applicable to estates of decedents dying after , see , set out as a note under .

section 1313(b)(2) of Pub. L. 94–455Oct. 4, 1976section 1313(d) of Pub. L. 94–455 section 501 of this titleAmendment by applicable on day following , see , set out as a note under .

Pub. L. 94–455Oct. 4, 1976section 1902(c)(1) of Pub. L. 94–455 section 2012 of this titleAmendment by section 1902(a)(4), (12)(A) of applicable in the case of estates of decedents dying after , see , set out as a note under .

Pub. L. 94–455Dec. 31, 1976section 2009(e)(2) of Pub. L. 94–455 section 2518 of this titleAmendment by section 2009(b)(4)(B), (C) of applicable with respect to transfers creating an interest in person disclaiming made after , see , set out as a note under .

section 2124(e)(2) of Pub. L. 94–455June 13, 1976section 2124(e)(4) of Pub. L. 94–455 section 170 of this titleAmendment by applicable with respect to contributions or transfers made after , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–483, § 3(b)Oct. 26, 197488 Stat. 1458

December 31, 1969“The amendment made by subsection (a) [amending this section] shall apply with respect to estates of decedents dying after .”

, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–614Dec. 31, 1970section 101(j) of Pub. L. 91–614 section 2032 of this titleAmendment by applicable with respect to decedents dying after , see , set out as an Effective Date note under .

Effective Date of 1969 Amendment

section 201(d)(1) of Pub. L. 91–172Dec. 31, 1969section 201(g)(4) of Pub. L. 91–172 section 170 of this titleAmendment by applicable in the case of decedents dying after , with specified exceptions, see , set out as a note under .

section 201(d)(4)(A) of Pub. L. 91–172Dec. 31, 1969section 201(g)(4)(E) of Pub. L. 91–172 section 170 of this titleAmendment by applicable to gifts and transfers made after , see , set out as a note under .

Effective Date of 1956 Amendment

Act Aug. 6, 1956, ch. 1020, § 3 70 Stat. 1075

section 6503 of this titleAugust 16, 1954“The amendments made by this Act [amending this section and ] shall apply in the case of decedents dying after .”

, , provided that:

Transfer of Functions

United States International Development Cooperation Agency (other than Agency for International Development and Overseas Private Investment Corporation) abolished and functions and authorities transferred, see sections 6561 and 6562 of Title 22, Foreign Relations and Intercourse.

For transfer of functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation to the United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of Title 22, Foreign Relations and Intercourse.

Special Donations

Pub. L. 99–514, title XIV, § 1422(d)Oct. 22, 1986100 Stat. 2717

December 31, 1986August 16, 1986Pub. L. 99–420Sept. 25, 198699 Stat. 955“If the Secretary of the Interior acquires by donation after , a conservation easement (within the meaning of section 2(h) of S. 720, 99th Congress, 1st Session, as in effect on ) [see , , § 102(h), , 957], such donation shall qualify for treatment under section 2055(f) or 2522(d) of the Internal Revenue Code of 1954 [now 1986], as added by this section.”

, , , provided that:

Charitable Lead Trusts and Charitable Remainder Trusts in Case of Income and Gift Taxes

Pub. L. 95–600, title V, § 514(b)Nov. 6, 197892 Stat. 2884 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

December 31, 1977“Under regulations prescribed by the Secretary of the Treasury or his delegate, in the case of trusts created before , provisions comparable to section 2055(e)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by subsection (a)) shall be deemed to be included in sections 170 and 2522 of the Internal Revenue Code of 1986.”

, , , as amended by , , , provided that:

Extension of Period for Filing Claim for Refund

Pub. L. 94–455, title XIII, § 1304(b)Oct. 4, 197690 Stat. 1716 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

June 30, 1978“A claim for refund or credit of an overpayment of the tax imposed by section 2001 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] allowable under section 2055(e)(3) of such Code (as amended by subsection (a)) shall not be denied because of the expiration of the time for filing such a claim under section 6511(a) if such claim is filed not later than .”

, , , as amended by , , , provided that: