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26 U.S.C. § 2045 — Prior interests
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided by law, sections 2034 to 2042, inclusive, shall apply to the transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whenever made, created, arising, existing, exercised, or relinquished.
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Source file: Laws/federal/codes/united-states-code/title-26/section-2045-prior-interests--c874b85f1a.md
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Source location: Title 26, Chapter 11, § 2045; chapter-011-estate-tax.md
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Except as otherwise specifically provided by law, sections 2034 to 2042, inclusive, shall apply to the transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whenever made, created, arising, existing, exercised, or relinquished.
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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
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Federal law — U.S. Code and appendices · legal_authorities
For provisions relating to the effect of a qualified disclaimer for purposes of this chapter, see section 2518.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2046
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The value of the gross estate shall include the value of any property to which this section applies in which the decedent had a qualifying income interest for life.
**(b) Property to which this section applies** This section applies to any property if—
(1) a deduction was allowed with respect to the transfer of such property to the decedent—
(A) under section 2056 by reason of subsection (b)(7) thereof, or
(B) under section 2523 by reason of subsection (f) thereof, and
(2) section 2519 (relating to dispositions of certain life estates) did not apply with respect to a disposition by the decedent of part or all of such property.
**(c) Property treated as having passed from decedent** For purposes of this chapter and chapter 13, property includible in the gross estate of the decedent under subsection (a) shall be treated as property passing from the decedent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2044
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Federal law — U.S. Code and appendices · legal_authorities
Page 2598
TITLE 26—INTERNAL REVENUE CODE
§ 2045
(1) a deduction was allowed with respect to
the transfer of such property to the decedent—
(A) under section 2056 by reason of sub-
section (b)(7) thereof, or
(B) under section 2523 by reason of sub-
section (f) thereof, and
(2) section 2519 (relating to dispositions of
certain life estates) did not apply with respect
to a disposition by the decedent of part or all
of such property.
(c) Property treated as having passed from dece-
dent
For purposes of this chapter and chapter 13,
property includible in the gross estate of the de-
cedent under subsection (a) shall be treated as
property passing from the decedent.
(Added Pub. L. 97–34, title IV, § 403(d)(3)(A)(i),
Aug. 13, 1981, 95 Stat. 304; amended Pub. L.
97–448, title I, § 104(a)(1)(B), Jan. 12, 1983, 96 Stat.
2380.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2044 was renumbered section 2045 of
this title.
AMENDMENTS
1983—Subsec. (c). Pub. L. 97–448 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97–448 effective, except as oth-
erwise provided, as if it had been included in the provi-
sion of the Economic Recovery Tax Act of 1981, Pub. L.
97–34, to which such amendment relates, see section 109
of Pub. L. 97–448, set out as a note under section 1 of
this title.
EFFECTIVE DATE
Section applicable to estates of decedents dying after
Dec. 31, 1981, see section 403(e) of Pub. L. 97–34, set out
as an Effective Date of 1981 Amendment note under sec-
tion 2056 of this title.
§ 2045. Prior interests
Except as otherwise specifically provided by
law, sections 2034 to 2042, inclusive, shall apply
to the transfers, trusts, estates, interests,
rights, powers, and relinquishment of p
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 2045
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