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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 2603 Liability for tax us united_states_code code_section 26 INTERNAL REVENUE CODE 13 TAX ON GENERATION-SKIPPING TRANSFERS 2603 26 U.S.C. § 2603 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s2603 data/legal/raw/us/code/title-26/usc26.xml 40bbbf744835a212646f183c6efb746c9747dc301f7be0b7caf343be862636ca a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 77b0d1cf459ce8c32d31afa4b29c1113c16656e64a8f095036e64fb0d30c4a5e 2026-07-04 official
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26 U.S.C. § 2603 - Liability for tax

Text

(a) Personal liability (1) Taxable distributions In the case of a taxable distribution, the tax imposed by section 2601 shall be paid by the transferee.

(2) Taxable termination In the case of a taxable termination or a direct skip from a trust, the tax shall be paid by the trustee.

(3) Direct skip In the case of a direct skip (other than a direct skip from a trust), the tax shall be paid by the transferor.

(b) Source of tax Unless otherwise directed pursuant to the governing instrument by specific reference to the tax imposed by this chapter, the tax imposed by this chapter on a generation-skipping transfer shall be charged to the property constituting such transfer.

(c) Cross reference For provisions making estate and gift tax provisions with respect to transferee liability, liens, and related matters applicable to the tax imposed by section 2601, see section 2661.

(Added Pub. L. 94455, title XX, § 2006(a), Oct. 4, 1976, 90 Stat. 1881; amended Pub. L. 99514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2718.)

Notes

Editorial Notes

Amendments1986—Pub. L. 99514 amended section generally, substituting tax liability provisions consisting of language placing liability, under different circumstances, on the transferee, the trustee, or the transferor, the source of the tax, and a cross reference to section 2661 for former provisions which covered the question of liability for tax with language covering the trustee and the distributee, the limitation on personal liability of the trustee who relied on certain information furnished by the Secretary, the limitation on personal liability of distributee, and the lien on property transferred until the tax was paid in full or became unenforceable by reason of lapse of time.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentSection 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. 99514, set out as a note under section 2601 of this title.