Public Law 119-73 (01/23/2026)

26 U.S.C. § 2502

Rate of tax

(a)

Computation of tax

The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of—
(1)
a tentative tax, computed under section 2001(c), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over
(2)
a tentative tax, computed under such section, on the aggregate sum of the taxable gifts for each of the preceding calendar periods.
(b)

Preceding calendar period

Whenever used in this title in connection with the gift tax imposed by this chapter, the term “preceding calendar period” means—
(1)
calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970,
(2)
the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the first calendar quarter of calendar year 1982, and
(3)
all calendar years after 1981 and before the calendar year for which the tax is being computed.
For purposes of paragraph (1), the term “calendar year 1932” includes only that portion of such year after .
(c)

Tax to be paid by donor

The tax imposed by section 2501 shall be paid by the donor.

Aug. 16, 1954, ch. 73668A Stat. 403Pub. L. 91–614, title I, § 102(a)(2)84 Stat. 1839Pub. L. 94–455, title XX, § 2001(b)(1)90 Stat. 1849Pub. L. 97–34, title IV, § 442(a)(2)95 Stat. 320Pub. L. 100–203, title X, § 10401(b)(2)(B)101 Stat. 1330–431Pub. L. 107–16, title V, § 511(d)115 Stat. 70Pub. L. 111–312, title III, § 302(b)(2)124 Stat. 3301(, ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–312Pub. L. 107–16, § 511(d)2010—Subsec. (a). amended subsec. (a) to read as if amendment by , had never been enacted. See 2001 Amendment note below.

Pub. L. 107–16, § 511(d)2001—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of—

“(1) a tentative tax, computed under section 2001(c), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over

“(2) a tentative tax, computed under such section, on the aggregate sum of the taxable gifts for each of the preceding calendar periods.”

Pub. L. 100–203, § 10401(b)(2)(B)(i)1987—Subsec. (a)(1). , substituted “under section 2001(c)” for “in accordance with the rate schedule set forth in section 2001(c)”.

Pub. L. 100–203, § 10401(b)(2)(B)(ii)Subsec. (a)(2). , substituted “under such section” for “in accordance with such rate schedule”.

Pub. L. 97–341981—Subsec. (a). substituted in introductory text and par. (1) “calendar year” for “calendar quarter” and in pars. (1) and (2) “calendar periods” for “calendar years and calendar quarters”.

Pub. L. 97–34Subsec. (b). substituted definition of “preceding calendar period” for “calendar quarter”, the latter including only the first calendar quarter of the calendar year 1971 and succeeding calendar quarters (covered in par. (2)), the former incorporating former subsec. (c)(1) definition of “preceding calendar years” as meaning calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970 and “calendar year 1932” as including only the portion of such year after , and former subsec. (c)(2) definition of “preceding calendar quarters” as meaning the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the calendar quarter for which the tax is being computed.

Pub. L. 97–34Subsecs. (c), (d). redesignated subsec. (d) as (c). Former subsec. (c), defining “preceding calendar years” and “preceding calendar quarters”, was incorporated in subsec. (b).

Pub. L. 94–4551976—Subsec. (a). inserted “tentative” after “(1) a” and “(2) a” and substituted in par. (1) “section 2001(c)” for “this subsection” after “set forth in”.

Pub. L. 91–614, § 102(a)(2)(A)1970—Subsec. (a). , substituted a computation of tax formula based on the current calendar quarter, preceding calendar quarters, and preceding calendar years for a formula based entirely on the current and preceding calendar years.

Pub. L. 91–614, § 102(a)(2)(B)Subsec. (b). , substituted definition of “calendar quarter” for definition of “calendar year”.

Pub. L. 91–614, § 102(a)(2)(B)Subsec. (c). , substituted definition of “preceding calendar years and quarters” for definition of “preceding calendar years”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–312, title III, § 302(b)(2)124 Stat. 3301, , , provided that the amendment by section 302(b)(2) is effective on and after .

Effective Date of 2001 Amendment

Pub. L. 107–16, title V, § 511(f)(3)115 Stat. 71

section 2511 of this title“The amendments made by subsections (d) and (e) [amending this section and ] shall apply to gifts made after .”
, , , provided that:

Effective Date of 1987 Amendment

Pub. L. 100–203section 10401(c) of Pub. L. 100–203section 2001 of this titleAmendment by applicable in the case of decedents dying, and gifts made, after , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–34section 442(e) of Pub. L. 97–34section 2501 of this titleAmendment by applicable with respect to gifts made after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–455, title XX, § 2001(d)(2)90 Stat. 1854

section 2505 of this titlesection 2504 of this titlesection 2521 of this title“The amendments made by subsections (b) and (c)(2) [enacting , amending this section and , and repealing ] shall apply to gifts made after .”
, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–614section 102(e) of Pub. L. 91–614section 2501 of this titleAmendment by applicable with respect to gifts made after , see , set out as a note under .