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26 U.S.C. § 2010 — Unified credit against estate tax
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** A credit of the applicable credit amount shall be allowed to the estate of every decedent against the tax imposed by section 2001.
**(b) Adjustment to credit for certain gifts made before 1977** The amount of the credit allowable under subsection (a) shall be reduced by an amount equal to 20 percent of the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after September 8, 1976.
**(c) Applicable credit amount**
(1) **In general** — For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount.
(2) **Applicable exclusion amount** — For purposes of this subsection, the applicable exclusion amount is the sum of—
(A) the basic exclusion amount, and
(B) in the case of a surviving spouse, the deceased spousal unused exclusion amount.
(3) **Basic exclusion amount**
(A) *In general* — For purposes of this subsection, the basic exclusion amount is $15,000,000.
(B) *Inflation adjustment* — In the case of any decedent dying in a calendar year after 2026, the dollar amount in subparagraph (A) shall be increased by an amount equal to—
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2025” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.
(4) **Decea
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2010
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Source file: Laws/federal/codes/united-states-code/title-26/section-2010-unified-credit-against-estate-tax--fd68747902.md
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Source location: Title 26, Chapter 11, § 2010; chapter-011-estate-tax.md
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**(a) General rule** A credit of the applicable credit amount shall be allowed to the estate of every decedent against the tax imposed by section 2001.
**(b) Adjustment to credit for certain gifts made before 1977** The amount of the credit allowable under subsection (a) shall be reduced by an amount equal to 20 percent of the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after September 8, 1976.
**(c) Applicable credit amount**
(1) **In general** — For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount.
(2) **Applicable exclusion amount** — For purposes of this subsection, the applicable exclusion amount is the sum of—
(A) the basic exclusion amount, and
(B) in the case of a surviving spouse, the deceased spousal unused exclusion amount.
(3) **Basic exclusion amount**
(A) *In general* — For purposes of this subsection, the basic exclusion amount is $15,000,000.
(B) *Inflation adjustment* — In the case of any decedent dying in a calendar year after 2026, the dollar amount in subparagraph (A) shall be increased by an amount equal to—
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2025” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.
(4) **Deceased spousal unused exclusion amount** — For purposes of this subsection, with respect to a surviving spouse of a deceased spouse dying after December 31, 2010, the term “deceased spousal unused exclusion amount” means the lesser of—
(A) the basic exclusion amount, or
(B) the excess of—
(i) the applicable exclusion amount of the last such deceased spouse of such surviving spouse, over
(ii) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse.
(5) **Special rules**
(A) *Election required* — A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (2) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return.
(B) *Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount* — Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection.
(6) **Regulations** — The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.
**(d) Limitation based on amount of tax** The amount of the credit allowed by subsection (a) shall not exceed the amount of the tax imposed by section 2001.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition** A tax is hereby imposed on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States.
**(b) Computation of tax** The tax imposed by this section shall be the amount equal to the excess (if any) of—
(1) a tentative tax computed under subsection (c) on the sum of—
(A) the amount of the taxable estate, and
(B) the amount of the adjusted taxable gifts, over
(2) the aggregate amount of tax which would have been payable under chapter 12 with respect to gifts made by the decedent after December 31, 1976, if the modifications described in subsection (g) had been applicable at the time of such gifts.
For purposes of paragraph (1)(B), the term “adjusted taxable gifts” means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.
**(c) Rate schedule** If the amount with respect to which the tentative tax to be computed is:The tentative tax is: Not over $10,00018 percent of such amount. Over $10,000 but not over $20,000$1,800, plus 20 percent of the excess of such amount over $10,000. Over $20,000 but not over $40,000$3,800, plus 22 percent of the excess of such amount over $20,000. Over $40,000 but not over $60,000$8,200 plus 24 percent of the excess of such amount over $40,000. Over $60,000 but not over $80,000$13,000, plus 26 percent of the excess of such amount over $60,000. Over $80,000 but not over $100,000$18,200, plus 28 percent of the excess of such amount over $80,000. Over $100,000 but not over $150,000$23,800, plus 30 percent of the excess of such amount over $100,000. Over $150,000 but not over $250,000$38,800, plus 32 percent of the excess of such amount ove
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of—
(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000.
**(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000.
**(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of a citizen or resident of the United States, there shall be allowed as a credit against the tax imposed by section 2501 for each calendar year an amount equal to—
(1) the applicable credit amount in effect under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by
(2) the sum of the amounts allowable as a credit to the individual under this section for all preceding calendar periods.
For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.
**(b) Adjustment to credit for certain gifts made before 1977** The amount allowable under subsection (a) shall be reduced by an amount equal to 20 percent of the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the individual after September 8, 1976.
**(c) Limitation based on amount of tax** The amount of the credit allowed under subsection (a) for any calendar year shall not exceed the amount of the tax imposed by section 2501 for such calendar year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2505
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of determining the inclusion ratio, every individual shall be allowed a GST exemption amount which may be allocated by such individual (or his executor) to any property with respect to which such individual is the transferor.
**(b) Allocations irrevocable** Any allocation under subsection (a), once made, shall be irrevocable.
**(c) GST exemption amount** For purposes of subsection (a), the GST exemption amount for any calendar year shall be equal to the basic exclusion amount under section 2010(c) for such calendar year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2631
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 410, allowed a deduction, in the case of a citizen or resident, an exemption of $30,000, less amounts claimed and allowed for calendar year 1932 and calendar years intervening between that year and year for which tax is being computed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2521
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Returns by executor**
(1) **Citizens or residents** — In all cases where the gross estate at the death of a citizen or resident exceeds the basic exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death, the executor shall make a return with respect to the estate tax imposed by subtitle B.
(2) **Nonresidents not citizens of the United States** — In the case of the estate of every nonresident not a citizen of the United States if that part of the gross estate which is situated in the United States exceeds $60,000, the executor shall make a return with respect to the estate tax imposed by subtitle B.
(3) **Adjustment for certain gifts** — The amount applicable under paragraph (1) and the amount set forth in paragraph (2) shall each be reduced (but not below zero) by the sum of—
(A) the amount of the adjusted taxable gifts (within the meaning of section 2001(b)) made by the decedent after December 31, 1976, plus
(B) the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after September 8, 1976.
**(b) Returns by beneficiaries** If the executor is unable to make a complete return as to any part of the gross estate of the decedent, he shall include in his return a description of such part and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary such person shall in like manner make a return as to such part of the gross estate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6018
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Federal law — U.S. Code and appendices · legal_authorities
Page 2567
TITLE 26—INTERNAL REVENUE CODE
§ 2010
cember 31, 2009, and before January 1, 2011, the executor
(within the meaning of section 2203 of the Internal Rev-
enue Code of 1986) may elect to apply such Code as
though the amendments made by subsection (a) do not
apply with respect to chapter 11 of such Code and with
respect to property acquired or passing from such dece-
dent (within the meaning of section 1014(b) of such
Code). Such election shall be made at such time and in
such manner as the Secretary of the Treasury or the
Secretary’s delegate shall provide. Such an election
once made shall be revocable only with the consent of
the Secretary of the Treasury or the Secretary’s dele-
gate. For purposes of section 2652(a)(1) of such Code, the
determination of whether any property is subject to
the tax imposed by such chapter 11 shall be made with-
out regard to any election made under this sub-
section.’’
CLARIFICATION OF TREATMENT OF CERTAIN EXEMPTIONS
FOR PURPOSES OF FEDERAL ESTATE AND GIFT TAXES
Pub. L. 98–369, div. A, title VI, § 641, July 18, 1984, 98
Stat. 939, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095, provided that:
‘‘(a) GENERAL RULE.—Nothing in any provision of law
exempting any property (or interest therein) from tax-
ation shall exempt the transfer of such property (or in-
terest therein) from Federal estate, gift, and genera-
tion-skipping transfer taxes. In the case of any provi-
sion of law enacted after the date of the enactment of
this Act [July 18, 1984], such provision shall not be
treated as exempting the transfer of property from Fed-
eral estate, gift, and generation-skipping transfer taxes
unless it refers to the appropriate provisions of the In-
ternal Revenue Code of 1986 [formerly I.R.C. 1954].
‘‘
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 2010
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