Browse Arkansas Code titles and sections
26 U.S.C. § 2036 — Transfers with retained life estate
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, under which he has retained for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death—
(1) the possession or enjoyment of, or the right to the income from, the property, or
(2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom.
**(b) Voting rights**
(1) **In general** — For purposes of subsection (a)(1), the retention of the right to vote (directly or indirectly) shares of stock of a controlled corporation shall be considered to be a retention of the enjoyment of transferred property.
(2) **Controlled corporation** — For purposes of paragraph (1), a corporation shall be treated as a controlled corporation if, at any time after the transfer of the property and during the 3-year period ending on the date of the decedent’s death, the decedent owned (with the application of section 318), or had the right (either alone or in conjunction with any person) to vote, stock possessing at least 20 percent of the total combined voting power of all classes of stock.
(3) **Coordination with section 2035** — For purposes of applying section 2035 with respect to paragraph (1), the relinquishment or cessation of voting rights shall be treated as a transfer of property made by the decedent.
**(c) Limitation on application of general rule** This section shall not apply to a transfer made before March
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2036
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: 806113e5a58829e9a964eb78f1d0681f2cdd4401bf456901fcf880386b44e143. 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_74880863d7a789c59282891b
Source file: Laws/federal/codes/united-states-code/title-26/section-2036-transfers-with-retained-life-estate--200dd13bde.md
Pages: Not recorded – Not recorded
Passage SHA-256: 175d5bf0ac07d0b5cafdc9d5e327d14da8d0e37da82e94c1a840391b4d1a493f
Source location: Title 26, Chapter 11, § 2036; chapter-011-estate-tax.md
Stored source content
**(a) General rule** The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, under which he has retained for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death—
(1) the possession or enjoyment of, or the right to the income from, the property, or
(2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom.
**(b) Voting rights**
(1) **In general** — For purposes of subsection (a)(1), the retention of the right to vote (directly or indirectly) shares of stock of a controlled corporation shall be considered to be a retention of the enjoyment of transferred property.
(2) **Controlled corporation** — For purposes of paragraph (1), a corporation shall be treated as a controlled corporation if, at any time after the transfer of the property and during the 3-year period ending on the date of the decedent’s death, the decedent owned (with the application of section 318), or had the right (either alone or in conjunction with any person) to vote, stock possessing at least 20 percent of the total combined voting power of all classes of stock.
(3) **Coordination with section 2035** — For purposes of applying section 2035 with respect to paragraph (1), the relinquishment or cessation of voting rights shall be treated as a transfer of property made by the decedent.
**(c) Limitation on application of general rule** This section shall not apply to a transfer made before March 4, 1931; nor to a transfer made after March 3, 1931, and before June 7, 1932, unless the property transferred would have been includible in the decedent’s gross estate by reason of the amendatory language of the joint resolution of March 3, 1931 (46 Stat. 1516).
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) General** The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated.
**(b) Valuation of unlisted stock and securities** In the case of stock and securities of a corporation the value of which, by reason of their not being listed on an exchange and by reason of the absence of sales thereof, cannot be determined with reference to bid and asked prices or with reference to sales prices, the value thereof shall be determined by taking into consideration, in addition to all other factors, the value of stock or securities of corporations engaged in the same or a similar line of business which are listed on an exchange.
**(c) Estate tax with respect to land subject to a qualified conservation easement**
(1) **In general** — If the executor makes the election described in paragraph (6), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the lesser of—
(A) the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land, or
(B) $500,000.
(2) **Applicable percentage** — For purposes of paragraph (1), the term “applicable percentage” means 40 percent reduced (but not below zero) by 2 percentage points for each percentage point (or fraction thereof) by which the value of the qualified conservation easement is less than 30 percent of the value of the land (determined without regard to the value of such easement and reduced by the value of any retained development right (as defined in paragraph (5))). The values taken into account under
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2031
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) Taxable transfers**
(1) **General rule** — A tax, computed as provided in section 2502, is hereby imposed for each calendar year on the transfer of property by gift during such calendar year by any individual resident or nonresident.
(2) **Transfers of intangible property** — Except as provided in paragraph (3), paragraph (1) shall not apply to the transfer of intangible property by a nonresident not a citizen of the United States.
(3) **Exception**
(A) *Certain individuals* — Paragraph (2) shall not apply in the case of a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer.
(B) *Credit for foreign gift taxes* — The tax imposed by this section solely by reason of this paragraph shall be credited with the amount of any gift tax actually paid to any foreign country in respect of any gift which is taxable under this section solely by reason of this paragraph.
(4) **Transfers to political organizations** — Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization.
(5) **Transfers of certain stock**
(A) *In general* — In the case of a transfer of stock in a foreign corporation described in subparagraph (B) by a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer—
(i) section 2511(a) shall be applied without regard to whether such stock is situated within the United States, and
(ii) the value of such stock for purposes of this chapter shall be its U.S.-asset value determined under subparagraph (C).
(B) *Foreign corporation described* — A foreign corporation is described in this subparagraph with respect to a donor if—
(i) the donor
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2501
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) Estate tax**
(1) **In general** — If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section 2036 (relating to transfers with retained life estate), the decedent’s estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as—
(A) the value of such property, bears to
(B) the taxable estate.
(2) **Decedent may otherwise direct** — Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.
**(b) More than one recipient** For purposes of this section, if there is more than 1 person receiving the property, the right of recovery shall be against each such person.
**(c) Penalties and interest** In the case of penalties and interest attributable to the additional taxes described in subsection (a), rules similar to the rules of subsections (a) and (b) shall apply.
**(d) No right of recovery against charitable remainder trusts** No person shall be entitled to recover any amount by reason of this section from a trust to which section 664 applies (determined without regard to this section).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2207B
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2589
TITLE 26—INTERNAL REVENUE CODE
§ 2036
Subsec. (d). Pub. L. 106–554, § 1(a)(7) [title III,
§ 319(14)(B)], inserted ‘‘and paragraph (1) of subsection
(c)’’ after ‘‘Subsection (a)’’.
1997—Pub. L. 105–34 amended section catchline and
text generally. Prior to amendment, section consisted
of subsecs. (a) to (d) relating to adjustments for gifts
made within 3 years of decedent’s death.
1983—Subsec. (b)(2). Pub. L. 97–448, § 104(a)(9), sub-
stituted ‘‘section 6019(2)’’ for ‘‘section 6019(a)(2)’’.
Subsec. (d)(2). Pub. L. 97–448, § 104(d)(2), inserted ‘‘of
this subsection and paragraph (2) of subsection (b)’’
after ‘‘Paragraph (1)’’, and struck out ‘‘2041,’’ after
‘‘2038,’’.
Subsec. (d)(3)(C), (D). Pub. L. 97–448, § 104(d)(1)(C), re-
designated subpar. (D) as (C). Former subpar. (C), which
referred to section 6166 (relating to extension of time
for payment of estate tax where estate consists largely
of interest in closely held business), was struck out.
Subsec. (d)(4). Pub. L. 97–448, § 104(d)(1)(A), added par.
(4).
1981—Subsec. (b)(2). Pub. L. 97–34, § 403(b)(3)(B), in-
serted ‘‘(other than by reason of section 6019(a)(2))’’
after ‘‘section 6019’’.
Subsec. (d). Pub. L. 97–34, § 424(a), added subsec. (d).
1978—Subsec. (b). Pub. L. 95–600 substituted in par. (2)
provisions relating to gifts for which donee was not re-
quired by section 6019 to file gift tax returns for provi-
sions relating to gifts excludable in computing taxable
gifts by reason of section 2503(b) and inserted provi-
sions following par. (2) relating to inapplicability of
par. (2) to transfers respecting life insurance policies.
1976—Pub. L. 94–455 substituted provisions covering
adjustments for gifts made within 3 years of decedent’s
death for provisions under which transfers
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 2036
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.