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.
(b) Intangible property
For purposes of this chapter, in the case of a nonresident not a citizen of the United States who is excepted from the application of section
(1)shares of stock issued by a domestic corporation, and
(2)debt obligations of—
(A)a United States person, or
(B)the United States, a State or any political subdivision thereof, or the District of Columbia,
which are owned and held by such nonresident shall be deemed to be property situated within the United States.
2010—Subsec. (c). Pub. L. 111–312struck 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.”
2002—Subsec. (c). Pub. L. 107–147substituted “transfer of property by gift,” for “taxable gift under section
1966—Subsec. (b). Pub. L. 89–809inserted 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.
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–312applicable to estates of decedents dying, generation-skipping transfers, and gifts made, after Dec. 31, 2009, see section 302(f) ofPub. L. 111–312, set out as a note under section
2001 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–147effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) ofPub. L. 107–147, set out as a note under section
25B of this title.
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–16applicable to gifts made after Dec. 31, 2009, see section 511(f)(3) ofPub. L. 107–16, set out as a note under section
2502 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–809applicable with respect to calendar year 1967 and all calendar years thereafter, see section 109(c) ofPub. L. 89–809, set out as a note under section
2501 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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