Browse Arkansas Code titles and sections
26 U.S.C. § 645 — Certain revocable trusts treated as part of estate
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, if both the executor (if any) of an estate and the trustee of a qualified revocable trust elect the treatment provided in this section, such trust shall be treated and taxed as part of such estate (and not as a separate trust) for all taxable years of the estate ending after the date of the decedent’s death and before the applicable date.
**(b) Definitions** For purposes of subsection (a)—
(1) **Qualified revocable trust** — The term “qualified revocable trust” means any trust (or portion thereof) which was treated under section 676 as owned by the decedent of the estate referred to in subsection (a) by reason of a power in the grantor (determined without regard to section 672(e)).
(2) **Applicable date** — The term “applicable date” means—
(A) if no return of tax imposed by chapter 11 is required to be filed, the date which is 2 years after the date of the decedent’s death, and
(B) if such a return is required to be filed, the date which is 6 months after the date of the final determination of the liability for tax imposed by chapter 11.
**(c) Election** The election under subsection (a) shall be made not later than the time prescribed for filing the return of tax imposed by this chapter for the first taxable year of the estate (determined with regard to extensions) and, once made, shall be irrevocable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 645
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 277e556ceea5762894d3480c73276a8f8364568ae18ee2ea1d38ac8d576a1791. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_4095b960d0bb18be2cd43d7f
Source file: Laws/federal/codes/united-states-code/title-26/section-645-certain-revocable-trusts-treated-as-part-of-estate--de8a2afd6a.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8c088f50fb389f60b1c48c07aa0e6b3ed7ae2ed558cdd48550e466a49220f7d5
Source location: Title 26, Chapter 1, § 645; chapter-001-normal-taxes-and-surtaxes.md
Stored source content
**(a) General rule** For purposes of this subtitle, if both the executor (if any) of an estate and the trustee of a qualified revocable trust elect the treatment provided in this section, such trust shall be treated and taxed as part of such estate (and not as a separate trust) for all taxable years of the estate ending after the date of the decedent’s death and before the applicable date.
**(b) Definitions** For purposes of subsection (a)—
(1) **Qualified revocable trust** — The term “qualified revocable trust” means any trust (or portion thereof) which was treated under section 676 as owned by the decedent of the estate referred to in subsection (a) by reason of a power in the grantor (determined without regard to section 672(e)).
(2) **Applicable date** — The term “applicable date” means—
(A) if no return of tax imposed by chapter 11 is required to be filed, the date which is 2 years after the date of the decedent’s death, and
(B) if such a return is required to be filed, the date which is 6 months after the date of the final determination of the liability for tax imposed by chapter 11.
**(c) Election** The election under subsection (a) shall be made not later than the time prescribed for filing the return of tax imposed by this chapter for the first taxable year of the estate (determined with regard to extensions) and, once made, shall be irrevocable.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2652
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If an election under this section is in effect with respect to any Settlement Trust, the provisions of this section shall apply in determining the income tax treatment of the Settlement Trust and its beneficiaries with respect to the Settlement Trust.
**(b) Taxation of income of trust** Except as provided in subsection (f)(1)(B)(ii)—
(1) **In general** — There is hereby imposed on the taxable income of an electing Settlement Trust, other than its net capital gain, a tax at the lowest rate specified in section 1(c).11 See References in Text note below.
(2) **Capital gain** — In the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is hereby imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate specified in section 1(c).
Any such tax shall be in lieu of the income tax otherwise imposed by this chapter on such income or gain.
**(c) One-time election**
(1) **In general** — A Settlement Trust may elect to have the provisions of this section apply to the trust and its beneficiaries.
(2) **Time and method of election** — An election under paragraph (1) shall be made by the trustee of such trust—
(A) on or before the due date (including extensions) for filing the Settlement Trust’s return of tax for the first taxable year of such trust ending after the date of the enactment of this section, and
(B) by attaching to such return of tax a statement specifically providing for such election.
(3) **Period election in effect** — Except as provided in subsection (f), an election under this subsection—
(A) shall apply to the first taxable year described in paragraph (2)(A) and all subsequent taxable years, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 646
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of this subtitle, the taxable year of any trust shall be the calendar year.
**(b) Exception for trusts exempt from tax and charitable trusts** Subsection (a) shall not apply to a trust exempt from taxation under section 501(a) or to a trust described in section 4947(a)(1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 644
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1827
TITLE 26—INTERNAL REVENUE CODE
§ 645
(Added Pub. L. 99–514, title XIV, § 1403(a), Oct. 22,
1986, 100 Stat. 2713, § 645; renumbered § 644, Pub.
L. 105–34, title V, § 507(b)(1), Aug. 5, 1997, 111 Stat.
856.)
Editorial Notes
PRIOR PROVISIONS
A prior section 644, added Pub. L. 94–455, title VII,
§ 701(e)(1), Oct. 4, 1976, 90 Stat. 1578; amended Pub. L.
95–600, title VII, § 701(p)(1)–(3), Nov. 6, 1978, 92 Stat. 2908;
Pub. L. 96–471, § 2(b)(4), Oct. 19, 1980, 94 Stat. 2254; Pub.
L. 99–514, title XV, § 1511(c)(5), Oct. 22, 1986, 100 Stat.
2745, related to special rule for gain on property trans-
ferred to trust at less than fair market value, prior to
repeal by Pub. L. 105–34, title V, § 507(b)(1), Aug. 5, 1997,
111 Stat. 856.
AMENDMENTS
1997—Pub. L. 105–34 renumbered section 645 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–34, title V, § 507(c)(2), Aug. 5, 1997, 111 Stat.
857, provided that: ‘‘The amendments made by sub-
section (b) [amending section 706 of this title, repealing
section 644 of this title, and renumbering section 645 of
this title as this section] shall apply to sales or ex-
changes after the date of the enactment of this Act
[Aug. 5, 1997].’’
EFFECTIVE DATE; TRANSITION RULE
Pub. L. 99–514, title XIV, § 1403(c), Oct. 22, 1986, 100
Stat. 2713, provided that:
‘‘(1) EFFECTIVE DATE.—The amendments made by this
section [enacting this section] shall apply to taxable
years beginning after December 31, 1986.
‘‘(2) TRANSITION RULE.—With respect to any trust ben-
eficiary who is required to include in gross income
amounts under sections 652(a) or 662(a) of the Internal
Revenue Code of 1986 in the 1st taxable year of the ben-
eficiary beginning after December 31
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 645
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.