§ 2518 - Disclaimers

CHAPTER 12— GIFT TAX › Subchapter B— Transfers

(a) For purposes of this subtitle, if a person makes a qualified disclaimer with respect to any interest in property, this subtitle shall apply with respect to such interest as if the interest had never been transferred to such person.

(b) For purposes of subsection (a), the term “qualified disclaimer” means an irrevocable and unqualified refusal by a person to accept an interest in property but only if—

(b)(1) such refusal is in writing,

(b)(2) such writing is received by the transferor of the interest, his legal representative, or the holder of the legal title to the property to which the interest relates not later than the date which is 9 months after the later of—

(b)(2)(A) the day on which the transfer creating the interest in such person is made, or

(b)(2)(B) the day on which such person attains age 21,

(b)(3) such person has not accepted the interest or any of its benefits, and

(b)(4) as a result of such refusal, the interest passes without any direction on the part of the person making the disclaimer and passes either—

(b)(4)(A) to the spouse of the decedent, or

(b)(4)(B) to a person other than the person making the disclaimer.

(c)(1) A disclaimer with respect to an undivided portion of an interest which meets the requirements of the preceding sentence shall be treated as a qualified disclaimer of such portion of the interest.

(c)(2) A power with respect to property shall be treated as an interest in such property.

(c)(3) A written transfer of the transferor’s entire interest in the property—

(c)(3)(A) which meets requirements similar to the requirements of paragraphs (2) and (3) of subsection (b), and

(c)(3)(B) which is to a person or persons who would have received the property had the transferor made a qualified disclaimer (within the meaning of subsection (b)),

(c)(3) shall be treated as a qualified disclaimer.

Notes

Editorial Notes

Amendments

1983—Subsec. (c)(3). Pub. L. 97–448 substituted “A written transfer” for “For purposes of subsection (a), a written transfer”.

1981—Subsec. (c)(3). Pub. L. 97–34 added par. (3).

1978—Subsec. (b)(4). Pub. L. 95–600 inserted provision relating to spouse of decedent.

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97–34, to which such amendment relates, see section 109 of Pub. L. 97–448, set out as a note under section 1 of this title.

Effective Date of 1981 Amendment

Pub. L. 97–34, title IV, § 426(b), Aug. 13, 1981, 95 Stat. 318, provided that: “The amendment made by subsection (a) [amending this section] shall apply to transfers creating an interest in the person disclaiming made after December 31, 1981.”

Effective Date of 1978 Amendment

Pub. L. 95–600, title VII, § 702(m)(2), Nov. 6, 1978, 92 Stat. 2935, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to transfers creating an interest in the person disclaiming made after December 31, 1976.”

Effective Date

Pub. L. 94–455, title XX, § 2009(e)(2), Oct. 4, 1976, 90 Stat. 1896, provided that: “The amendments made by subsection (b) [enacting this section and section 2046 of this title and amending sections 2041, 2055, 2056, and 2514 of this title] shall apply with respect to transfers creating an interest in the person disclaiming made after December 31, 1976.”