Unless the decedent directs otherwise in his will, if any part of the gross estate
on which the tax has been paid consists of the value of property included in the
gross estate under section 2041
, the executor shall be entitled to recover from the person receiving such property
by reason of the exercise, nonexercise, or release of a power of appointment such
portion of the total tax paid as the value of such property bears to the taxable
estate. If there is more than one such person, the executor shall be entitled to
recover from such persons in the same ratio. In the case of such property received
by the surviving spouse of the decedent for which a deduction is allowed under section
(relating to marital deduction), this section shall not apply to such
property except as to the value thereof reduced by an amount equal to the excess
of the aggregate amount of the marital deductions allowed under section 2056
over the amount of proceeds of insurance upon the life of the decedent receivable
by the surviving spouse for which proceeds a marital deduction is allowed under such
(Aug. 16, 1954, ch. 736, 68A Stat. 402; Oct. 4, 1976, Pub. L. 94-455, title XX, 2001(c)(1)(I), 90 Stat. 1852.)
1976--Pub. L. 94-455 substituted
“the taxable estate” for “the sum of the taxable estate and the
amount of the exemption allowed in computing the taxable estate, determined under
section 2052, or section 2106(a), as the case may be” after
“property bears to”.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-455 applicable to the 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.
REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER BASIS
Section 301 of Pub. L. 111-312 provided:
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.
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.
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
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.
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—
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),
making any payment of tax under chapter 11 of such Code, and
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.
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.
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.”
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:
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,
“(2) in the case of title V, to estates of decedents dying, gifts made, or generation
skipping transfers, after December 31, 2012.
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.
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).”