Lapas attēli
PDF
ePub

(11)_For exemption of bequests received by National Archives Trust Fund Board, see section 7 of the National Archives Trust Fund Board

Act (55 Stat. 582; 44 U. S. C. 300gg).
(3) EXEMPTION.
(A) GENERAL RULE.-An exemption of $2,000.

(B) RESIDENTS OF POSSESSIONS OF THE UNITED STATES.-In the case of a decedent who is considered to be a "nonresident not a citizen of the United States” under the provisions of section 2209, the exemption shall be the greater of (i) $2,000, or (ii) that proportion of the exemption authorized by section 2052 which the value of that part of the decedent's gross estate which at the time of his death is situated in the United States bears to the value of

his entire gross estate wherever situated. (b) CONDITION OF ALLOWANCE OF DEDUCTIONS.—No deduction shall be allowed under paragraphs (1) and (2) of subsection (a) in the case of a nonresident not a citizen of the United States unless the executor includes in the return required to be filed under section 6018 the value at the time of his death of that part of the gross estate of such nonresident not situated in the United States.

(c) UNITED STATES BONDS.--For purposes of section 2103, the value of the gross estate (determined as provided in section 2031) of a decedent who was not engaged in business in the United States at the time of his death

(1) shall not include obligations issued by the United States before March 1, 1941: and

(2) shall include obligations issued by the United States on or after March 1, 1941.

Subchapter C—Miscellaneous

Sec. 2201, Members of the Armed Forces dying during an induction

period.
Sec. 2202. Missionaries in foreign service.
Sec. 2203. Definition of executor.
Sec. 2204. Discharge of executor from personal liability.
Sec. 2205. Reimbursement out of estate.
Sec. 2206. Liability of life insurance beneficiaries.
Sec. 2207. Liability of recipient of property over which decedent

had power of appointment.
Sec. 2208. Certain residents of possessions considered citizens of

the United States. Sec. 2209. Certain residents of possessions considered nonresidents

not citizens of the United States.

SEC. 2201. MEMBERS OF THE ARMED FORCES DYING DURING AN

INDUCTION PERIOD. The additional estate tax as defined in section 2011 (d) shall not apply to the transfer of the taxable estate of a citizen or resident of the United States dying during an induction period (as defined in sec. 112 (c) (5)), while in active service as a member of the Armed Forces of the United States, if such decedent

(1) was killed in action while serving in a combat zone, as determined under section 112 (c); or

(2) 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 line of duty, by reason of a hazard to which he was subjected

as an incident of such service. SEC. 2202. MISSIONARIES IN FOREIGN SERVICE.

Missionaries duly commissioned and serving under boards of foreign missions of the various religious denominations in the United States, dying while in the foreign missionary service of such boards, shall not, by reason merely of their intention to permanently remain in such foreign service, be deemed nonresidents of the United States, but shall be presumed to be residents of the State or the District of Columbia wherein they respectively resided at the time of their commission and their departure for such foreign service. SEC, 2203. DEFINITION OF EXECUTOR.

The term "executor" wherever it is used in this title in connection with the estate tax imposed by this chapter means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified, and acting within the United States, then any person in actual or constructive possession of any property of the decedent. SEC. 2204. DISCHARGE OF EXECUTOR FROM PERSONAL LIABILITY.

If the executor makes written application to the Secretary or his delegate for determination of the amount of the tax and discharge from personal liability therefor, the Secretary or his delegate (as soon as possible, and in any event within 1 year after the making of such application, or, if the application is made before the return is filed, then within 1 year after the return is filed, but not after the expiration of the period prescribed for the assessment of the tax in section 6501) shall notify the executor of the amount of the tax. The executor, on payment of the amount of which he is notified, shall be discharged from personal liability for any deficiency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge. SEC. 2205. REIMBURSEMENT OUT OF ESTATE.

If the tax or any part thereof is paid by, or collected out of, that part of the estate passing to or in the possession of any person other than the executor in his capacity as such, such person shall be entitled to reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the persons whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest is subject to equal or prior liability for the payment of taxes, debts, or other charges against the estate, it being the purpose and intent of this chapter that so far as is practicable and unless otherwise directed by the will of the decedent the tax shall be paid out of the estate before its distribution. SEC. 2206. LIABILITY OF LIFE INSURANCE BENEFICIARIES.

Unless the decedent directs otherwise in his will, if any part of the gross estate on which tax has been paid consists of proceeds of policies of insurance on the life of the decedent receivable by a beneficiary other than the executor, the executor shall be entitled to recover from such beneficiary such portion of the total tax paid as the proceeds of such policies bear to the sum of the taxable estate and the amount of the exemption allowed in computing the taxable estate, determined under section 2051. If there is more than one such beneficiary, the executor shall be entitled to recover from such beneficiaries in the same ratio. In the case of such proceeds receivable by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such proceeds except as to the amount thereof in excess of the aggregate amount of the marital deductions allowed under such section. SEC. 2207. LIABILITY OF RECIPIENT OF PROPERTY OVER WHICH

DECEDENT HAD POWER OF APPOINTMENT. Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under section 2041, the executor shall be entitled to recover from the person receiving such property by reason of the exercise, nonexercise, or release of a power of appointment such portion of the total tax paid as the value of such property bears to the sum of the taxable estate and the amount of the exemption allowed in computing the taxable estate, determined under section 2052, or section 2106 (a), as the case may be. If there is more than one such person, the executor shall be entitled to recover from such persons in the same ratio. In the case of such property received by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such property except as to the value thereof reduced by an amount equal to the excess of the aggregate amount of the marital deductions allowed under section 2056 over the amount of proceeds of insurance upon the life of the decedent receivable by the surviving spouse for which proceeds a marital deduction is allowed under such section. SEC. 2208. CERTAIN RESIDENTS OF POSSESSIONS CONSIDERED CIT.

IZENS OF THE UNITED STATES. A decedent who was a citizen of the United States and a resident of a possession thereof at the time of his death shall, for purposes of the tax imposed by this chapter, be considered a "citizen" of the United States within the meaning of that term wherever used in this title unless he acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States. SEC. 2209. CERTAIN RESIDENTS OF POSSESSIONS CONSIDERED NON.

RESIDENTS NOT CITIZENS OF THE UNITED STATES. A decedent who was a citizen of the United States and a resident

ession thereof at the time of his death shall, for purposes of the tax imposed by this chapter, be considered a "nonresident not a citizen of the United States" within the meaning of that term wherever used in this title, but only if such person acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States.

CHAPTER 12—GIFT TAX

SUBCHAPTER A. Determination of tax liability.
SUBCHAPTER B. Transfers.
SUBCHAPTER C. Deductions.

Subchapter A-Determination of Tax Liability

Sec. 2501. Imposition of tax.
Sec. 2502. Rate of tax.
Sec. 2503. Taxable gifts.

Sec. 2504. Taxable gifts for preceding years
SEC. 2501. IMPOSITION OF TAX.

(a) GENERAL RULE.-For the calendar year 1955 and each calendar year thereafter a tax, computed as provided in section 2502, is hereby imposed on the transfer of property by gift during such calendar year by any individual, resident or nonresident, except transfers of intangible property by a nonresident not a citizen of the United States who was not engaged in business in the United States during such calendar year.

(b) CERTAIN RESIDENTS OF POSSESSIONS CONSIDERED CITIZENS OF THE UNITED STATES.-A donor who is a citizen of the United States and a resident of a possession thereof shall, for purposes of the tax imposed by this chapter, be considered a "citizen' of the United States within the meaning of that term wherever used in this title unless he acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States. (c) CERTAIN

RESIDENTS POSSESSIONS CONSIDERED NonRESIDENTS Not CITIZENS OF THE UNITED STATES.-A donor who is a citizen of the United States and a resident of a possession thereof shall, for purposes of the tax imposed by this chapter, be considered a "nonresident not a citizen of the United States” within the meaning of that term wherever used in this title, but only if such donor acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States. (d) Cross REFERENCES.

(1) For increase in basis of property acquired by gift for gift tax paid, see section 1015 (d).

(2) For exclusion of transfers of property outside the United States by a nonresident who is not a citizen of the United States, see section

2511 (a). SEC. 2502. RATE OF TAX.

(a) COMPUTATION OF Tax.-The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of

(1) a tax, computed in accordance with the rate schedule set forth in this subsection, on the aggregate sum of the taxable gifts

OF

« iepriekšējāTurpināt »