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Sec. 2613. Skip Person And Non-Skip Person Defined

I.R.C. § 2613(a) Skip Person
For purposes of this chapter, the term “skip person" means—
I.R.C. § 2613(a)(1)
a natural person assigned to a generation which is 2 or more generations below the generation assignment of the transferor, or
I.R.C. § 2613(a)(2)
a trust—
I.R.C. § 2613(a)(2)(A)
if all interests in such trust are held by skip persons, or
I.R.C. § 2613(a)(2)(B)
if—
I.R.C. § 2613(a)(2)(B)(i)
there is no person holding an interest in such trust, and
I.R.C. § 2613(a)(2)(B)(ii)
at no time after such transfer may a distribution (including distributions on termination) be made from such trust to a nonskip person.
I.R.C. § 2613(b) Non-Skip Person
For purposes of this chapter, the term “non-skip person" means any person who is not a skip person.
(Added by Pub. L. 94-455, title XX, 2006(a), Oct. 4, 1976, 90 Stat. 1884, and amended Pub. L. 95-600, title VII, 702(n)(2), (3), Nov. 6, 1978, 92 Stat. 2935, 2936; Pub. L. 96-222, title I, 107(a)(2)(B), Apr. 1, 1980, 94 Stat. 222; Pub. L. 99-514, title XIV, 1431(a), Oct. 22, 1986, 100 Stat. 2720; Pub. L. 100-647, title I, 1014(g)(5)(A), Nov. 10, 1988, 102 Stat. 3564.)
BACKGROUND NOTES
AMENDMENTS
1988--Subsec. (a)(1). Pub. L. 100-647 inserted “natural" before “person”.
1986--Pub. L. 99-514 amended section generally, substituting definitions of “skip person” and “non-skip person” for former provisions which defined and applied the terms “taxable distribution”, “taxable termination”, “younger generation beneficiary”, and “related or subordinate trustee”.
1980--Subsec. (e)(2)(A)(i). Pub. L. 96-222, 107(a)(2)(B)(i), inserted “(other than as a potential appointee under a power of appointment held by another)” after “trust”.
Subsec. (e)(2)(B). Pub. L. 96-222, 107(a)(2)(B)(ii), redesignated cls. (iii) to (v) as (iv) to (vi), added cl. (iii), and struck out cl. (vi) which related to an employee of a corporation in which the grantor or any beneficiary of the trust is an executive.
1978--Subsec. (b)(2)(B). Pub. L. 95-600, 702(n)(3), substituted “a present interest and a present power” for “an interest and a power" and “present interest or present power” for “interest or power” wherever appearing.
Subsec. (e). Pub. L. 95-600, 702(n)(2), inserted provisions relating to powers of independent trustees and definition of a related or subordinate trustee.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section applicable to generation-skipping transfers (within the meaning of section 2611 of this title) made after Oct. 22, 1986, except as otherwise provided, see section 1433 of Pub. L. 99-514, set out as a note under section 2601 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note under section 32 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 702(n)(5) of Pub. L. 95-600, as amended by Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(A) Except as provided in subparagraph (B), the amendments made by this subsection [amending sections 2602 and 2613 of this title and provisions set out as a note under section 2601 of this title] shall take effect as if included in chapter 13 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] as added by section 2006 of the Tax Reform Act of 1976 [Pub. L. 94-455, title XX, 2006, Oct. 4, 1976, 90 Stat. 1879].
“(B) The amendment made by paragraph (1) [amending provisions set out as a note under section 2601 of this title] shall take effect on October 4, 1976.”
(Sec. 2614. Repealed. Pub. L. 99-514, title XIV, 1431(a), Oct. 22, 1986, 100 Stat. 2095)
TERMINATION
Section 501(b) (Generation-Skipping Transfer Tax Repeal) of Pub. L. 107-16 added Code Sec. 2664, which states that chapter 13 of subtitle B shall not apply to generation-skipping transfers 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, 2010, or
“(2) in the case of title V, to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010.
“(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).”
CODIFICATION
Section, added Pub. L. 94-455, title XX, 2006(a), Oct. 4, 1976, 90 Stat. 1887, and, amended Pub. L. 95-600, title VII, 702(c)(1)(B), Nov. 6, 1978, 92 Stat. 2926; Pub. L. 96-223, title IV, 401(c)(3), Apr. 2, 1980, 94 Stat. 300, related to special rules for generation-skipping transfers, prior to the general revision of this chapter by Pub. L. 99-514, 1431(a).