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

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LegalText 26 U.S.C. § 2611 Generation-skipping transfer defined us united_states_code code_section 26 INTERNAL REVENUE CODE 13 TAX ON GENERATION-SKIPPING TRANSFERS 2611 26 U.S.C. § 2611 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/s2611 data/legal/raw/us/code/title-26/usc26.xml 672f02a45224587a79fd2001b491138164eda9ff8a7710ae296f0ee2890347f8 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 cfa42bd648db43cd8d2149e71a8914542e90e13b4f2f9442320f6127f9026731 2026-07-04 official
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26 U.S.C. § 2611 - Generation-skipping transfer defined

Text

(a) In general For purposes of this chapter, the term “generation-skipping transfer” means—

(1) a taxable distribution,

(2) a taxable termination, and

(3) a direct skip.

(b) Certain transfers excluded The term “generation-skipping transfer” does not include—

(1) any transfer which, if made inter vivos by an individual, would not be treated as a taxable gift by reason of section 2503(e) (relating to exclusion of certain transfers for educational or medical expenses), and

(2) any transfer to the extent—

(A) the property transferred was subject to a prior tax imposed under this chapter,

(B) the transferee in the prior transfer was assigned to the same generation as (or a lower generation than) the generation assignment of the transferee in this transfer, and

(C) such transfers do not have the effect of avoiding tax under this chapter with respect to any transfer.

(Added Pub. L. 94455, title XX, § 2006(a), Oct. 4, 1976, 90 Stat. 1882; amended Pub. L. 99514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2718; Pub. L. 100647, title I, §§ 1014(g)(1), (2), 1018(u)(43), Nov. 10, 1988, 102 Stat. 3562, 3592.)

Notes

Editorial Notes

Amendments1988—Subsec. (a). Pub. L. 100647, §§ 1014(g)(1), 1018(u)(43), substituted “generation-skipping transfer” for “generation-skipping transfers” and “means” for “mean”. Subsec. (b). Pub. L. 100647, § 1014(g)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “any transfer (other than a direct skip) from a trust, to the extent such transfer is subject to a tax imposed by chapter 11 or 12 with respect to a person in the 1st generation below that of the grantor, and”. 1986—Pub. L. 99514 amended section generally, substituting provisions defining “generation-skipping transfers” and what that term does not include, for former provisions which defined “generation-skipping transfer”, “transfer”, and “generation-skipping trust”, contained provisions to be used in determining the ascertainment of generation, and provided for a generation-skipping trust equivalent.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99514, to which such amendment relates, see section 1019(a) of Pub. L. 100647, set out as a note under section 1 of this title.

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.