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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 2653 Taxation of multiple skips us united_states_code code_section 26 INTERNAL REVENUE CODE 13 TAX ON GENERATION-SKIPPING TRANSFERS 2653 26 U.S.C. § 2653 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/s2653 data/legal/raw/us/code/title-26/usc26.xml 70c1074f3274fdbf852a4bae8b1a913eb8dee25f388557cdbba0c4c5ee454f8a a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 36855e72f8bdac6839c83c0bdae277b3d1a00e7c558f01863d450c9090253c9e 2026-07-04 official
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26 U.S.C. § 2653 - Taxation of multiple skips

Text

(a) General rule For purposes of this chapter, if—

(1) there is a generation-skipping transfer of any property, and

(2) immediately after such transfer such property is held in trust,

for purposes of applying this chapter (other than section 2651) to subsequent transfers from the portion of such trust attributable to such property, the trust will be treated as if the transferor of such property were assigned to the first generation above the highest generation of any person who has an interest in such trust immediately after the transfer.

(b) Trust retains inclusion ratio (1) In general Except as provided in paragraph (2), the provisions of subsection (a) shall not affect the inclusion ratio determined with respect to any trust. Under regulations prescribed by the Secretary, notwithstanding the preceding sentence, proper adjustment shall be made to the inclusion ratio with respect to such trust to take into account any tax under this chapter borne by such trust which is imposed by this chapter on the transfer described in subsection (a).

(2) Special rule for pour-over trust (A) In general If the generation-skipping transfer referred to in subsection (a) involves the transfer of property from 1 trust to another trust (hereinafter in this paragraph referred to as the “pour-over trust”), the inclusion ratio for the pour-over trust shall be determined by treating the nontax portion of such distribution as if it were a part of a GST exemption allocated to such trust.

(B) Nontax portion For purposes of subparagraph (A), the nontax portion of any distribution is the amount of such distribution multiplied by the applicable fraction which applies to such distribution.

(Added Pub. L. 99514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2727.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection 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.