Amended 1966, 1976, 1988, 1996, 1997, 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 532(c)(7)(B), redesignated subsec. (c) as (b).
- 1997 Pub. L. 105-34 Pub. L. 105–34 substituted “the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death” for “$192,800”.
- 1996 Pub. L. 104-188 Pub. L. 104–188 inserted at end “For purposes of the preceding sentence, property shall not be treated as situated in the United States if such property is exempt from the tax imposed by this subchapter under any treaty obligation of the United States.”
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 5032(b)(1)(A), substituted “$13,000” for “$3,600”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 5032(b)(1), substituted “$13,000” for “$3,600” in subpar. (A) and “$46,800” for “$15,075” in subpar. (B).
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 5032(b)(2), amended par. (3) generally, substituting provision relating to special rules for coordination with treaties and with gift tax unified tax credit for provision relating to a phase-in of the par. (2)(B) amount for decedents dying during 1977, 1978, 1979, and 1980.
- 1976 Pub. L. 94-455 Pub. L. 94–455 added subsec. (c).
- 1966 Pub. L. 89-809 Pub. L. 89–809 redesignated existing provisions as subsec. (a), inserted reference to special limitation provided in subsec. (b), and added subsec. (b).
Cases: Estate of Burghardt v. Commissioner, 80 T.C. 705 (1983); Estate of Arnaud v. Commissioner, 90 T.C. 649 (1988)
Final rules 1
(a) In general The tax imposed by section 2101 shall be credited with the amounts determined in accordance with sections 2012 and 2013 (relating to gift tax and tax on prior transfers).
Amended 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 532(c)(7)(A), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The tax imposed by section 2101 shall be credited with the amounts determined in accordance with sections 2011 to 2013, inclusive (relating to State death taxes, gift tax, and tax on prior transfers), subject to the special limitation provided in subsection (b).”
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(b) Unified credit
Amended 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 532(c)(7)(B), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “The maximum credit allowed under section 2011 against the tax imposed by section 2101 for State death taxes paid shall be an amount which bears the same ratio to the credit computed as provided in section 2011(b) as the value of the property, as determined for purposes of this chapter, upon which State death taxes were paid and which is included in the gross estate under section 2103 bears to the value of the total gross estate under section 2103. For purposes of this subsection, the term ‘State death taxes’ means the taxes described in section 2011(a).”
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(1) In general A credit of $13,000 shall be allowed against the tax imposed by section 2101.
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(2) Residents of possessions of the United States In the case of a decedent who is considered to be a “nonresident not a citizen of the United States” under section 2209, the credit under this subsection shall be the greater of—
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(A) $13,000, or
(B) that proportion of $46,800 which the value of that part of the decedent’s gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated.
(3) Special rules
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(A) Coordination with treaties To the extent required under any treaty obligation of the United States, the credit allowed under this subsection shall be equal to the amount which bears the same ratio to the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death as the value of the part of the decedent’s gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated. For purposes of the preceding sentence, property shall not be treated as situated in the United States if such property is exempt from the tax imposed by this subchapter under any treaty obligation of the United States.
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(B) Coordination with gift tax unified credit If a credit has been allowed under section 2505 with respect to any gift made by the decedent, each dollar amount contained in paragraph (1) or (2) or subparagraph (A) of this paragraph (whichever applies) shall be reduced by the amount so allowed.
(4) Limitation based on amount of tax The credit allowed under this subsection shall not exceed the amount of the tax imposed by section 2101.
(5) Application of other credits For purposes of subsection (a), sections 2012 and 2013 shall be applied as if the credit allowed under this subsection were allowed under section 2010.
Amended 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 532(c)(7)(C), substituted “2012 and 2013” for “2011 to 2013, inclusive,”.