Source
(Aug. 16, 1954, ch. 736, 68A Stat. 401; Pub. L. 93–597, § 6(b)(1), (2), Jan. 2, 1975, 88 Stat. 1953; Pub. L. 94–455, title XIX, § 1902(a)(7)(A), Oct. 4, 1976, 90 Stat. 1805; Pub. L. 107–16, title V, § 532(c)(9), June 7, 2001, 115 Stat. 75; Pub. L. 107–134, title I, § 103(a), (b)(3), Jan. 23, 2002, 115 Stat. 2430, 2431; Pub. L. 108–121, title I, § 110(c)(1), (2)(A), Nov. 11, 2003, 117 Stat. 1342.)
Amendments
2003—
Pub. L. 108–121, § 110(c)(2)(A), inserted “, deaths of astronauts,” after “Forces” in section catchline.
Subsec. (b)(3).
Pub. L. 108–121, § 110(c)(1), added par. (3).
2002—
Pub. L. 107–134 amended section catchline and text of section generally, substituting present provisions for provisions which had stated that the additional estate tax as defined in former section
2011
(d) should not apply to the transfer of the taxable estate of a citizen or resident of the United States dying while in active service as a member of the Armed Forces of the United States, if such decedent was killed in action while serving in a combat zone, as determined under section
112
(c), or died as a result of wounds, disease, or injury suffered, while serving in a combat zone (as determined under section
112
(c)), and while in line of duty, by reason of a hazard to which he was subjected as an incident of such service.
2001—
Pub. L. 107–16, §§ 532(c)(9)(B),
901, which temporarily added concluding provisions which read as follows: “For purposes of this section, the additional estate tax is the difference between the tax imposed by section
2001 or
2101 and the amount equal to 125 percent of the maximum credit provided by section
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(b), as in effect before its repeal by the Economic Growth and Tax Relief Reconciliation Act of 2001.”, was repealed by
Pub. L. 107–134, § 103(b)(3). See Effective and Termination Dates of 2001 Amendment and Effective Date of 2002 Amendment notes below.
Pub. L. 107–16, §§ 532(c)(9)(A),
901, which temporarily struck out “as defined in section
2011
(d)” after “The additional estate tax” in introductory provisions, was repealed by
Pub. L. 107–134, § 103(b)(3). See Effective and Termination Dates of 2001 Amendment and Effective Date of 2002 Amendment notes below.
1975—
Pub. L. 93–597, as amended by
Pub. L. 94–455, § 1902(a)(7)(A), struck out “during an induction period (as defined in section
112
(c)(5))” after “resident of the United States dying”, and substituted “Members of the Armed Forces dying in combat zone or by reason of combat-zone-incurred wounds, etc.” for “Members of the Armed Forces dying during an induction period” in section catchline.
Effective Date of 2003 Amendment
Pub. L. 108–121, title I, § 110(c)(3), Nov. 11, 2003,
117 Stat. 1343, provided that: “The amendments made by this subsection [amending this section] shall apply to estates of decedents dying after December 31, 2002.”
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–134 applicable to estates of decedents dying on or after Sept. 11, 2001, and, in the case of individuals dying as a result of the Apr. 19, 1995, terrorist attack, dying on or after Apr. 19, 1995, with provisions relating to waiver of limitations, see section 103(d) of
Pub. L. 107–134, set out as a note under section
2011 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of
Pub. L. 107–16, set out as a note under section
2011 of this title.
Amendment by
Pub. L. 107–16 inapplicable to estates of decedents dying, gifts made, or generation skipping transfers, after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such estates, gifts, and transfers as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1976 Amendment
Section 1902(a)(7)(B) of
Pub. L. 94–455 provided that: “The amendment made by subsection (A) [amending section 6(b)(1) of
Pub. L. 93–597] is effective July 1, 1973.”
Effective Date of 1975 Amendment
Section 6(c) of
Pub. L. 93–597 provided that: “The amendments made by this section [amending this section and section
1034 of this title] shall take effect on July 1, 1973.”