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Internal Revenue Code, § 2101. Tax Imposed

I.R.C. § 2101(a) Imposition
Except as provided in section 2107, a tax is hereby imposed on the transfer of the taxable estate (determined as provided in section 2106) of every decedent nonresident not a citizen of the United States.
I.R.C. § 2101(b) Computation Of Tax
The tax imposed by this section shall be the amount equal to the excess (if any) of—
I.R.C. § 2101(b)(1)
a tentative tax computed under section 2001(c) on the sum of—
I.R.C. § 2101(b)(1)(A)
the amount of the taxable estate, and
I.R.C. § 2101(b)(1)(B)
the amount of the adjusted taxable gifts, over
I.R.C. § 2101(b)(2)
a tentative tax computed under section 2001(c) on the amount of the adjusted taxable gifts.
I.R.C. § 2101(c) Adjustments For Taxable Gifts
I.R.C. § 2101(c)(1) Adjusted Taxable Gifts Defined
For purposes of this section, the term “adjusted taxable gifts” means the total amount of the taxable gifts (within the meaning of section 2503 as modified by section 2511) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.
I.R.C. § 2101(c)(2) Adjustment For Certain Gift Tax
For purposes of this section, the rules of section 2001(d) shall apply.
(Aug. 16, 1954, ch. 736, 68A Stat. 397; Nov. 13, 1966, Pub. L. 89-809, title I, Sec. 108(a), 80 Stat. 1571; Oct. 4, 1976, Pub. L. 94-455, title XX, Sec. 2001(c)(1)(D), 90 Stat. 1850; Nov. 10, 1988, Pub. L. 100-647, title V, Sec. 5032(a), (c), 102 Stat. 3669; Dec. 19, 1989, Pub. L. 101-239, title VII, Sec. 7815(c), 103 Stat. 2415; Aug. 10, 1993, Pub. L. 103-66, title XIII, Sec. 13208(b)(3), 107 Stat. 312; Mar. 9, 2002, Pub. L. 107-147, title IV, Sec. 411(g)(2), 116 Stat. 21.)
BACKGROUND NOTES
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-147, Sec. 411(g)(2), struck the last sentence. Before being struck it read as follows: “For purposes of the preceding sentence, there shall be appropriate adjustments in the application of section section 2001(c)(2) to reflect the difference between the amount of the credit provided under section 2102(c) and the amount of the credit provided under section 2010.”
1993 - Subsec. (b). Pub. L. 103-66, Sec. 13208(b)(3), amended subsec. (b) by inserting “section 2001(c)(2)” for “section 2001(c)(3)”.
1989 - Subsec. (b). Pub. L. 101-239 inserted at end ‘For purposes of the preceding sentence, there shall be appropriate adjustments in the application of section 2001(c)(3) to reflect the difference between the amount of the credit provided under section 2102(c) and the amount of the credit provided under section 2010.’
1988 - Subsec. (b). Pub. L. 100-647, Sec. 5032(a), substituted ‘a tentative tax computed under section 2001(c)’ for ‘a tentative tax computed in accordance with the rate schedule set forth in subsection (d)’ in pars. (1) and (2).
Subsec. (d). Pub. L. 100-647, Sec. 5032(c), struck out subsec. (d) which provided a rate schedule.
1976 - Pub. L. 94-455 redesignated existing provisions as (a) to (d), inserted provisions for adjustments for taxable gifts, revised the tax rate schedule, and struck out provisions relating to property held by Alien Property Custodian.
1966 - Subsec. (a). Pub. L. 89-809 substituted table to be used in computing the tax imposed on transfer of taxable estate, determined as provided in section 2106, of every decedent nonresident not a citizen of the United States for provisions sending taxpayer to table in section 2001 for computation of tax imposed.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Sec. 411(g)(2) of Pub. L. 107-147 applicable as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 [Pub. L. 107-16, Sec. 511] to which they relate.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Sec. 13208(b)(3) of Pub. L. 103-66 applicable in the case of decedents dying and gifts made after December 31, 1992.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 5032(d) of Pub. L. 100-647 provided that: ‘The amendments made by this section (amending this section and section 2102 of this title) shall apply to the estates of decedents dying after the date of the enactment of this Act (Nov. 10, 1988).’
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d)(1) of Pub. L. 94-455, set out as a note under section 2001 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Section 108(i) of Pub. L. 89-809 provided that: ‘The amendments made by this section (amending this section and sections 2102, 2104, 2105, 2106, and 6018 of this title and enacting sections 2107 and 2108 of this title) shall apply with respect to estates of decedents dying after the date of the enactment of this Act (Nov. 13, 1966).’
REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER BASIS
Section 301 of Pub. L. 111-312 provided:
“(a) IN GENERAL.—Each provision of law amended by subtitle A or E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended to read as such provision would read if such subtitle had never been enacted.
“(b) CONFORMING AMENDMENT.—On and after January 1, 2011, paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as such paragraph would read if section 521(b)(2) of the Economic Growth and Tax Relief Reconciliation Act of 2001 had never been enacted.
“(c) SPECIAL ELECTION WITH RESPECT TO ESTATES OF DECEDENTS DYING IN 2010.—Notwithstanding subsection (a), in the case of an estate of a decedent dying after December 31, 2009, and before January 1, 2011, the executor (within the meaning of section 2203 of the Internal Revenue 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 decedent (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 delegate. 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 without regard to any election made under this subsection.
“(d) EXTENSION OF TIME FOR PERFORMING CERTAIN ACTS.—
“ (1) ESTATE TAX.—In the case of the estate of a decedent dying after December 31, 2009, and before the date of the enactment of this Act, the due date for—
“(A) filing any return under section 6018 of the Internal Revenue Code of 1986 (including any election required to be made on such a return) as such section is in effect after the date of the enactment of this Act without regard to any election under subsection (c),
“(B) making any payment of tax under chapter 11 of such Code, and
“(C) making any disclaimer described in section 2518(b) of such Code of an interest in property passing by reason of the death of such decedent, shall not be earlier than the date which is 9 months after the date of the enactment of this Act.
“(2) GENERATION-SKIPPING TAX.—In the case of any generation-skipping transfer made after December 31, 2009, and before the date of the enactment of this Act, the due date for filing any return under section 2662 of the Internal Revenue Code of 1986 (including any election required to be made on such a return) shall not be earlier than the date which is 9 months after the date of the enactment of this Act.
“(e) EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments made by this section shall apply to estates of decedents dying, and transfers made, after December 31, 2009.”
TERMINATION
Section 501(a) (Estate Tax Repeal) of Pub. L. 107-16 added Code Sec. 2210, which states that chapter 11 of subtitle B shall not apply to the estates of decedents dying after December 31, 2009.
Note, however, that Section 901 (Sunset of Provisions of Act) of Pub. L. 107-16, as amended by Pub. L. 107-358 and Pub. L. 111-312, and struck by Pub. L. 112-240, Sec. 101(a)(1) (effective for taxable, plan, or limitation years beginning after Dec. 31, 2012, and estates of decedents dying, gifts made, or generation skipping transfers after Dec. 31, 2012), provided that:
“(a) IN GENERAL.--All provisions of, and amendments made by, this Act shall not apply--
“(1) to taxable, plan, or limitation years beginning after December 31, 2012, or
“(2) in the case of title V, to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2012.
“(b) APPLICATION OF CERTAIN LAWS.--The Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 shall be applied and administered to years, estates, gifts, and transfers described in subsection (a) as if the provisions and amendments described in subsection (a) had never been enacted.
“(c) EXCEPTION.-Subsection (a) shall not apply to section 803 (relating to no federal income tax on restitution received by victims of the Nazi regime or their heirs or estates).”