Loopholes > Federal > GST Exemption Allocation
DEDUCTION HIGH SAVINGS INDIVIDUAL

GST Exemption Allocation

IRC §2631

Every individual is allowed a GST exemption amount (equal to the basic exclusion amount) that can be allocated to property to reduce or eliminate generation-skipping transfer tax.

Eligibility

Available to any individual making transfers to skip persons or GST trusts; requires affirmative allocation on a gift or estate tax return to maximize efficiency.

Frequently Asked Questions

Who is eligible for the GST Exemption Allocation?

Available to any individual making transfers to skip persons or GST trusts; requires affirmative allocation on a gift or estate tax return to maximize efficiency.

How does the GST Exemption Allocation work?

Every individual is allowed a GST exemption amount (equal to the basic exclusion amount) that can be allocated to property to reduce or eliminate generation-skipping transfer tax.

What law authorizes the GST Exemption Allocation?

The GST Exemption Allocation is authorized under IRC §2631 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2631

Source: Internal Revenue Code, Title 26, United States Code

§ 2631. GST exemption(a) General ruleFor purposes of determining the inclusion ratio, every individual shall be allowed a GST exemption amount which may be allocated by such individual (or his executor) to any property with respect to which such individual is the transferor. (b) Allocations irrevocableAny allocation under subsection (a), once made, shall be irrevocable. (c) GST exemption amountFor purposes of subsection (a), the GST exemption amount for any calendar year shall be equal to the basic exclusion amount under section 2010(c) for such calendar year. (Added Pub. L. 99–514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2721; amended Pub. L. 105–34, title V, § 501(d), Aug. 5, 1997, 111 Stat. 846; Pub. L. 105–206, title VI, § 6007(a)(1), July 22, 1998, 112 Stat. 806; Pub. L. 107–16, title V, § 521(c), June 7, 2001, 115 Stat. 72; Pub. L. 111–312, title III, § 303(b)(2), Dec. 17, 2010, 124 Stat. 3303.) Editorial Notes Amendments2010—Subsec. (c). Pub. L. 111–312 substituted “the basic exclusion amount” for “the applicable exclusion amount”. 2001—Subsec. (a). Pub. L. 107–16, § 521(c)(1), substituted “amount” for “of $1,000,000”. Subsec. (c). Pub. L. 107–16, § 521(c)(2), amended heading and text of subsec. (c) generally, substituting provisions relating to the GST exemption amount for any calendar year for provisions which related to inflation adjustment of the $1,000,000 amount contained in subsec. (a) in the case of any calendar year after 1998 and applicability of any increase for any such calendar year. 1998—Subsec. (c). Pub. L. 105–206 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “In the case of an individual who dies in any calendar year after 1998, the $1,000,000 amount contained in subsection (a) shall be increased by an amount equal to— “(1) $1,000,000, multiplied by “(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.” 1997—Subsec. (c). Pub. L. 105–34 added subsec. (c). Statutory Notes and Related Subsidiaries Effective Date of 2010 AmendmentAmendment by Pub. L. 111–312 applicable to generation-skipping transfers after Dec. 31, 2010, see section 303(c)(2) of Pub. L. 111–312, set out as a note under section 2010 of this title. Effective Date of 2001 AmendmentAmendment by Pub. L. 107–16 applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2003, see section 521(e)(3) of Pub. L. 107–16, set out as a note under section 2010 of this title.

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