Loopholes > Federal > Taxable Distribution Expense Deduction
DEDUCTION LOW SAVINGS INDIVIDUAL

Taxable Distribution Expense Deduction

IRC §2621(a)(2)

The taxable amount of a generation-skipping distribution is reduced by any expenses incurred by the transferee in determining, collecting, or seeking a refund of the GST tax.

Eligibility

Applies to transferees who receive a taxable distribution from a trust and incur professional or legal fees related to the GST tax compliance.

Frequently Asked Questions

Who is eligible for the Taxable Distribution Expense Deduction?

Applies to transferees who receive a taxable distribution from a trust and incur professional or legal fees related to the GST tax compliance.

How does the Taxable Distribution Expense Deduction work?

The taxable amount of a generation-skipping distribution is reduced by any expenses incurred by the transferee in determining, collecting, or seeking a refund of the GST tax.

What law authorizes the Taxable Distribution Expense Deduction?

The Taxable Distribution Expense Deduction is authorized under IRC §2621(a)(2) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2621

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

§ 2621. Taxable amount in case of taxable distribution(a) In generalFor purposes of this chapter, the taxable amount in the case of any taxable distribution shall be—(1) the value of the property received by the transferee, reduced by (2) any expense incurred by the transferee in connection with the determination, collection, or refund of the tax imposed by this chapter with respect to such distribution. (b) Payment of GST tax treated as taxable distributionFor purposes of this chapter, if any of the tax imposed by this chapter with respect to any taxable distribution is paid out of the trust, an amount equal to the portion so paid shall be treated as a taxable distribution. (Added Pub. L. 94–455, title XX, § 2006(a), Oct. 4, 1976, 90 Stat. 1887; amended Pub. L. 97–34, title IV, § 422(e)(4), Aug. 13, 1981, 95 Stat. 316; Pub. L. 99–514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2720.) Editorial Notes Amendments1986—Pub. L. 99–514 amended section generally, substituting provisions relating to taxable amount in case of a taxable distribution for former provisions which related generally to administration of this chapter. See section 2661 of this title. 1981—Subsec. (b). Pub. L. 97–34 substituted “Section 6166” for “Sections 6166 and 6166A” in heading and “section 6166 (relating to extension of time” for “sections 6166 and 6166A (relating to extensions of time” in text. Statutory Notes and Related Subsidiaries 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. 99–514, set out as a note under section 2601 of this title. Effective Date of 1981 AmendmentAmendment by Pub. L. 97–34 applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of Pub. L. 97–34, set out as a note under section 6166 of this title.