Foreign Trust Election for Expatriate Bequests

§ 2801. Imposition of tax(a) In generalIf, during any calendar year, any United States citizen or resident receives any covered gift or bequest, there is hereby imposed a tax equal to the product of—(1) the highest rate of tax specified in the table contained in section 2001(c) as in effect on the date of such receipt, and (2) the value of such covered gift or bequest. (b) Tax to be paid by recipientThe tax imposed by subsection (a) on any covered gift or bequest shall be paid by the person receiving such gift or bequest. (c) Exception for certain giftsSubsection (a) shall apply only to the extent that the value of covered gifts and bequests received by any person during the calendar year exceeds the dollar amount in effect under section 2503(b) for such calendar year. (d) Tax reduced by foreign gift or estate taxThe tax imposed by subsection (a) on any covered gift or bequest shall be reduced by the amount of any gift or estate tax paid to a foreign country with respect to such covered gift or bequest. (e) Covered gift or bequest(1) In generalFor purposes of this chapter, the term “covered gift or bequest” means—(A) any property acquired by gift directly or indirectly from an individual who, at the time of such acquisition, is a covered expatriate, and (B) any property acquired directly or indirectly by reason of the death of an individual who, immediately before such death, was a covered expatriate. (2) Exceptions for transfers otherwise subject to estate or gift taxSuch term shall not include—(A) any property shown on a timely filed return of tax imposed by chapter 12 which is a taxable gift by the covered expatriate, and (B) any property included in the gross estate of the covered expatriate for purposes of chapter 11 and shown on a timely filed return of tax imposed by chapter 11 of the estate of the covered expatriate. (3) Exceptions for transfers to spouse or charitySuch term shall not include any property with respect to which a deduction would be allowed under section 2055, 2056, 2522, or 2523, whichever is appropriate, if the decedent or donor were a United States person. (4) Transfers in trust(A) Domestic trustsIn the case of a covered gift or bequest made to a domestic trust—(i) subsection (a) shall apply in the same manner as if such trust were a United States citizen, and (ii) the tax imposed by subsection (a) on such gift or bequest shall be paid by such trust. (B) Foreign trusts(i) In generalIn the case of a covered gift or bequest made to a foreign trust, subsection (a) shall apply to any distribution attributable to such gift or bequest from such trust (whether from income or corpus) to a United States citizen or resident in the same manner as if such distribution were a covered gift or bequest.