Scope
Subject to the limitations contained in this chapter, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible; but in the case of a nonresident not a citizen of the United States, shall apply to a transfer only if the property is situated within the United States.
Intangible property
Aug. 16, 1954, ch. 73668A Stat. 406Pub. L. 89–809, title I, § 109(b)80 Stat. 1575Pub. L. 107–16, title V, § 511(e)115 Stat. 71Pub. L. 107–147, title IV, § 411(g)(1)116 Stat. 46Pub. L. 111–312, title III, § 302(e)124 Stat. 3302(, ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 111–3122010—Subsec. (c). struck out subsec. (c). Text read as follows: “Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a transfer of property by gift, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1.”
Pub. L. 107–1472002—Subsec. (c). substituted “transfer of property by gift,” for “taxable gift under section 2503,”.
Pub. L. 107–162001—Subsec. (c). added subsec. (c).
Pub. L. 89–8091966—Subsec. (b). inserted reference to nonresidents who are excepted from the application of section 2501(a)(2) and expanded section to include debt obligations of United States persons or the United States, a State or any political subdivision thereof, or the District of Columbia.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–312section 302(f) of Pub. L. 111–312section 2001 of this titleAmendment by applicable to estates of decedents dying, generation-skipping transfers, and gifts made, after , see , set out as a note under .
Effective Date of 2002 Amendment
Pub. L. 107–147Pub. L. 107–16section 411(x) of Pub. L. 107–147section 25B of this titleAmendment by effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, , to which such amendment relates, see , set out as a note under .
Effective Date of 2001 Amendment
Pub. L. 107–16section 511(f)(3) of Pub. L. 107–16section 2502 of this titleAmendment by applicable to gifts made after , see , set out as a note under .
Effective Date of 1966 Amendment
Pub. L. 89–809section 109(c) of Pub. L. 89–809section 2501 of this titleAmendment by applicable with respect to calendar year 1967 and all calendar years thereafter, see , set out as a note under .