26 U.S.C. § 2652 | Other definitions

(a)

Transferor

For purposes of this chapter—

(1)

In general

Except as provided in this subsection or section 2653(a), the term “transferor” means—

(A)

in the case of any property subject to the tax imposed by chapter 11, the decedent, and

(B)

in the case of any property subject to the tax imposed by chapter 12, the donor.

An individual shall be treated as transferring any property with respect to which such individual is the transferor.

(2)

Gift-splitting by married couples

If, under section 2513, one-half of a gift is treated as made by an individual and one-half of such gift is treated as made by the spouse of such individual, such gift shall be so treated for purposes of this chapter.

(3)

Special election for qualified terminable interest property

In the case of—

(A)

any trust with respect to which a deduction is allowed to the decedent under section 2056 by reason of subsection (b)(7) thereof, and

(B)

any trust with respect to which a deduction to the donor spouse is allowed under section 2523 by reason of subsection (f) thereof,

the estate of the decedent or the donor spouse, as the case may be, may elect to treat all of the property in such trust for purposes of this chapter as if the election to be treated as qualified terminable interest property had not been made.

(b)

Trust and trustee

(1)

Trust

The term “trust” includes any arrangement (other than an estate) which, although not a trust, has substantially the same effect as a trust.

(2)

Trustee

In the case of an arrangement which is not a trust but which is treated as a trust under this subsection, the term “trustee” shall mean the person in actual or constructive possession of the property subject to such arrangement.

(3)

Examples

Arrangements to which this subsection applies include arrangements involving life estates and remainders, estates for years, and insurance and annuity contracts.

(c)

Interest

(1)

In general

A person has an interest in property held in trust if (at the time the determination is made) such person—

(A)

has a right (other than a future right) to receive income or corpus from the trust,

(B)

is a permissible current recipient of income or corpus from the trust and is not described in section 2055(a), or

(C)

is described in section 2055(a) and the trust is—

(i)

a charitable remainder annuity trust,

(ii)

a charitable remainder unitrust within the meaning of section 664, or

(iii)

a pooled income fund within the meaning of section 642(c)(5).

(2)

Certain interests disregarded

For purposes of paragraph (1), an interest which is used primarily to postpone or avoid any tax imposed by this chapter shall be disregarded.

(3)

Certain support obligations disregarded

The fact that income or corpus of the trust may be used to satisfy an obligation of support arising under State law shall be disregarded in determining whether a person has an interest in the trust, if—

(A)

such use is discretionary, or

(B)

such use is pursuant to the provisions of any State law substantially equivalent to the Uniform Gifts to Minors Act.

(d)

Executor

For purposes of this chapter, the term “executor” has the meaning given such term by section 2203.

Pub. L. 99–514, title XIV, § 1431(a)Oct. 22, 1986100 Stat. 2726 Pub. L. 100–647, title I, § 1014(g)(6)Nov. 10, 1988102 Stat. 3565–3567 Pub. L. 105–34, title XIII, § 1305(b)Aug. 5, 1997111 Stat. 1040 Pub. L. 105–206, title VI, § 6013(a)(3)July 22, 1998112 Stat. 819(Added , , ; amended , (8), (9), (14), (20), , ; , , ; , (4)(A), , .)

Editorial Notes

Amendments

Pub. L. 105–206, § 6013(a)(4)(A)1998—Subsec. (b)(1). , struck out at end “Such term shall not include any trust during any period the trust is treated as part of an estate under section 645.”

Pub. L. 105–206, § 6013(a)(3), substituted “section 645” for “section 646”.

Pub. L. 105–341997—Subsec. (b)(1). inserted at end “Such term shall not include any trust during any period the trust is treated as part of an estate under section 646.”

Pub. L. 100–647, § 1014(g)(9)1988—Subsec. (a)(1). , substituted “any property” for “a transfer of a kind” in subpars. (A) and (B) and inserted at end “An individual shall be treated as transferring any property with respect to which such individual is the transferor.”

Pub. L. 100–647, § 1014(g)(14)Subsec. (a)(3). , substituted “any trust” for “any property” in subpars. (A) and (B) and “may elect to treat all of the property in such trust” for “may elect to treat such property” in closing provisions.

Pub. L. 100–647, § 1014(g)(8)Subsec. (c)(2). , struck out “nominal” before “interests” in heading and substituted “any tax” for “the tax” in text.

Pub. L. 100–647, § 1014(g)(6)Subsec. (c)(3). , added par. (3).

Pub. L. 100–647, § 1014(g)(20)Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–206 Pub. L. 105–34 section 6024 of Pub. L. 105–206 section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–34Aug. 5, 1997section 1305(d) of Pub. L. 105–34 section 645 of this titleAmendment by applicable with respect to estates of decedents dying after , see , set out as an Effective Date note under .

Effective Date of 1988 Amendment

Pub. L. 100–647 Pub. L. 99–514 section 1019(a) of Pub. L. 100–647 section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Effective Date

section 2611 of this titleOct. 22, 1986section 1433 of Pub. L. 99–514 section 2601 of this titleSection applicable to generation-skipping transfers (within the meaning of ) made after , except as otherwise provided, see , set out as a note under .