Source
(Added Pub. L. 94–455, title XX, § 2001(b)(2), Oct. 4, 1976, 90 Stat. 1849; amended Pub. L. 97–34, title IV, §§ 401(b),
442
(a)(5), Aug. 13, 1981, 95 Stat. 299, 321; Pub. L. 101–508, title XI, § 11801(a)(40), (c)(19)(B), Nov. 5, 1990, 104 Stat. 1388–521, 1388–528; Pub. L. 105–34, title V, § 501(a)(2), Aug. 5, 1997, 111 Stat. 845; Pub. L. 107–16, title V, § 521(b), June 7, 2001, 115 Stat. 71.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
Pub. L. 107–16, title V, § 521(b)(2), (e)(2), title IX, § 901, June 7, 2001, 115 Stat. 71, 72, 150, provided that, applicable to gifts made after Dec. 31, 2009, subsection (a)(1) of this section is temporarily amended to read as follows:
“(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section
2502
(a)(2) if the amount with respect to which such tentative tax is to be computed were $1,000,000, reduced by”.
References in Text
The Tax Reform Act of 1976, referred to in subsec. (b), is
Pub. L. 94–455, Oct. 4, 1976,
90 Stat. 1520, as amended. Section
2521 of this title was repealed by section 2001(b)(3) of
Pub. L. 94–455. For complete classification of this Act to the Code, see Tables.
Amendments
2001—Subsec. (a)(1).
Pub. L. 107–16, §§ 521(b)(1),
901, temporarily inserted “(determined as if the applicable exclusion amount were $1,000,000)” after “calendar year”. See Effective and Termination Dates of 2001 Amendment note below.
1997—Subsec. (a)(1).
Pub. L. 105–34 substituted “the applicable credit amount in effect under section
2010
(c) for such calendar year” for “$192,800”.
1990—Subsecs. (b) to (d).
Pub. L. 101–508 redesignated subsecs. (c) and (d) as subsecs. (b) and (c), respectively, and struck out former subsec. (b) which provided for a phase-in of the unified credit against gift tax.
1981—Subsec. (a).
Pub. L. 97–34, § 442(a)(5)(A), substituted in provision preceding par. (1) “year” for “quarter”, and “periods” for “quarters” in par. (2).
Subsec. (a)(1).
Pub. L. 97–34, § 401(b)(1), substituted “$192,800” for “$47,000”.
Subsec. (b).
Pub. L. 97–34, § 401(b)(2), struck out from heading “$47,000” before “credit”, substituted subsec. (a)(1) substitutions for “$192,800” of amounts of “$62,800”, “$79,300”, “$96,300”, “$121,800”, and “$155,800” in the case of gifts made in 1982, 1983, 1984, 1985, and 1986, respectively, for subsec. (a)(1) substitutions for “$47,000” of amounts of “$6,000”, “$30,000”, “$34,000”, “$38,000”, and “$42,500” in the case of gifts made after Dec. 31, 1976, and before July 1, 1977, after June 30, 1977, and before Jan. 1, 1978; after Dec. 31, 1977, and before Jan. 1, 1979, after Dec. 31, 1978, and before Jan. 1, 1980, and after Dec. 31, 1979, and before Jan. 1, 1981, respectively.
Subsec. (d).
Pub. L. 97–34, § 442(a)(5)(B), substituted “year” for “quarter” in two places.
Effective and Termination Dates of 2001 Amendment
Amendment by section 521(b)(1) of
Pub. L. 107–16 applicable to estates of decedents dying, and gifts made, after Dec. 31, 2001, and amendment by section 521(b)(2) of
Pub. L. 107–16 applicable to gifts made after Dec. 31, 2009, see section 521(e)(1), (2) of
Pub. L. 107–16, set out as a note under section
2010 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 1997 Amendment
Amendment by
Pub. L. 105–34 applicable to estates of decedents dying, and gifts made, after Dec. 31, 1997, see section 501(f) of
Pub. L. 105–34, set out as a note under section
2001 of this title.
Effective Date of 1981 Amendment
Section 401(c)(2) of
Pub. L. 97–34 provided that: “The amendments made by subsection (b) [amending this section] shall apply to gifts made after such date [Dec. 31, 1981].”
Amendment by section 442(a)(5) of
Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of
Pub. L. 97–34, set out as a note under section
2501 of this title.
Savings Provision
For provisions that nothing in amendment by
Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of
Pub. L. 101–508, set out as a note under section
45K of this title.