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Reduced Estate Tax Rates for Qualified Decedents

IRC §2201

Replaces the standard estate tax rate schedule with a significantly lower preferential rate schedule (capping at 20%) for estates of certain military members, astronauts, and terrorist victims.

Eligibility

Applies to U.S. citizens or residents who died in a combat zone, from combat-related injuries, as a specified terrorist victim, or as an astronaut in the line of duty. The executor must not elect out of this section.

Frequently Asked Questions

Who is eligible for the Reduced Estate Tax Rates for Qualified Decedents?

Applies to U.S. citizens or residents who died in a combat zone, from combat-related injuries, as a specified terrorist victim, or as an astronaut in the line of duty. The executor must not elect out of this section.

How does the Reduced Estate Tax Rates for Qualified Decedents work?

Replaces the standard estate tax rate schedule with a significantly lower preferential rate schedule (capping at 20%) for estates of certain military members, astronauts, and terrorist victims.

What law authorizes the Reduced Estate Tax Rates for Qualified Decedents?

The Reduced Estate Tax Rates for Qualified Decedents is authorized under IRC §2201 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2201

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

§ 2201. Combat zone-related deaths of members of the Armed Forces, deaths of astronauts, and deaths of victims of certain terrorist attacks(a) In generalUnless the executor elects not to have this section apply, in applying sections 2001 and 2101 to the estate of a qualified decedent, the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c). (b) Qualified decedentFor purposes of this section, the term “qualified decedent” means—(1) any citizen or resident of the United States dying while in active service of the Armed Forces of the United States, if such decedent—(A) was killed in action while serving in a combat zone, as determined under section 112(c), or (B) died as a result of wounds, disease, or injury suffered while serving in a combat zone (as determined under section 112(c)), and while in the line of duty, by reason of a hazard to which such decedent was subjected as an incident of such service, (2) any specified terrorist victim (as defined in section 692(d)(4)), and (3) any astronaut whose death occurs in the line of duty. (c) Rate schedule If the amount with respect to which the tentative tax to be computed is:The tentative tax is: Not over $150,0001 percent of the amount by which such amount exceeds $100,000. Over $150,000 but not over $200,000$500 plus 2 percent of the excess over $150,000. Over $200,000 but not over $300,000$1,500 plus 3 percent of the excess over $200,000. Over $300,000 but not over $500,000$4,500 plus 4 percent of the excess over $300,000. Over $500,000 but not over $700,000$12,500 plus 5 percent of the excess over $500,000. Over $700,000 but not over $900,000$22,500 plus 6 percent of the excess over $700,000. Over $900,000 but not over $1,100,000$34,500 plus 7 percent of the excess over $900,000. Over $1,100,000 but not over $1,600,000$48,500 plus 8 percent of the excess over $1,100,000. Over $1,600,000 but not over $2,100,000$88,500 plus 9 percent of the excess over $1,600,000. Over $2,100,000 but not over $2,600,000$133,500 plus 10 percent of the excess over $2,100,000. Over $2,600,000 but not over $3,100,000$183,500 plus 11 percent of the excess over $2,600,000. Over $3,100,000 but not over $3,600,000$238,500 plus 12 percent of the excess over $3,100,000. Over $3,600,000 but not over $4,100,000$298,500 plus 13 percent of the excess over $3,600,000. Over $4,100,000 but not over $5,100,000$363,500 plus 14 percent of the excess over $4,100,000. Over $5,100,000 but not over $6,100,000$503,500 plus 15 percent of the excess over $5,100,000. Over $6,100,000 but not over $7,100,000$653,500 plus 16 percent of the excess over $6,100,000. Over $7,100,000 but not over $8,100,000$813,500 plus 17 percent of the excess over $7,100,000. Over $8,100,000 but not over $9,100,000$983,500 plus 18 percent of the excess over $8,100,000. Over $9,100,000 but not over $10,100,000$1,163,500 plus 19 percent of the excess over $9,100,000. Over $10,100,000$1,353,500

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