Source
(Aug. 16, 1954, ch. 736, 68A Stat. 398; Pub. L. 85–866, title I, § 30(d), Sept. 2, 1958, 72 Stat. 1631; Pub. L. 86–779, § 4(c), Sept. 14, 1960, 74 Stat. 1000; Pub. L. 89–809, title I, § 108(e), Nov. 13, 1966, 80 Stat. 1572; Pub. L. 91–172, title II, § 201(d)(2), (4)(B), Dec. 30, 1969, 83 Stat. 561; Pub. L. 94–455, title XIII, § 1307(d)(1)(B)(iii), (C), title XIX, § 1902(a)(5), (12)(A), title XX, §
2001
(c)(1)(F), Oct. 4, 1976, 90 Stat. 1727, 1805, 1852; Pub. L. 97–473, title II, § 202(b)(6), Jan. 14, 1983, 96 Stat. 2610; Pub. L. 99–514, title XIV, § 1422(c), Oct. 22, 1986, 100 Stat. 2717; Pub. L. 100–203, title X, § 10711(a)(4), Dec. 22, 1987, 101 Stat. 1330–464; Pub. L. 100–647, title V, § 5033(c), Nov. 10, 1988, 102 Stat. 3672; Pub. L. 101–239, title VII, § 7815(d)(3), Dec. 19, 1989, 103 Stat. 2415; Pub. L. 107–16, title V, § 532(c)(8), June 7, 2001, 115 Stat. 75.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
References in Text
Subsec. (g) of section
2055 of this title, referred to in subsec. (a)(2)(F)(ii), was redesignated (h) by
Pub. L. 109–280, title XII, § 1218(b), Aug. 17, 2006,
120 Stat. 1081.
Amendments
2001—Subsec. (a)(4).
Pub. L. 107–16, §§ 532(c)(8),
901, temporarily added par. (4). See Effective and Termination Dates of 2001 Amendment note below.
1989—Subsec. (a)(3).
Pub. L. 101–239 struck out “allowed where spouse is citizen” after “deduction” in heading.
1988—Subsec. (a)(3).
Pub. L. 100–647 added par. (3).
1987—Subsec. (a)(2)(A)(ii), (iii).
Pub. L. 100–203 inserted “(or in opposition to)” after “on behalf of”.
1986—Subsec. (a)(2)(F)(ii).
Pub. L. 99–514 substituted “section
2055
(g)” for “section
2055
(f)”.
1983—Subsec. (a)(2)(F).
Pub. L. 97–473 substituted “(i)” and “(ii)” for “(1)” and “(2)”, respectively, and added cl. (iii).
1976—Subsec. (a)(2)(A)(i).
Pub. L. 94–455, § 1902 (a)(12)(A), struck out “Territory” after “any State”.
Subsec. (a)(2)(A)(ii).
Pub. L. 94–455, § 1307(d)(1)(B)(iii), substituted “which is not disqualified for tax exemption under section
501
(c)(3) by reason of attempting to influence legislation” for “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation” after “stockholder or individual”.
Subsec. (a)(2)(A)(iii).
Pub. L. 94–455, § 1307(d)(1)(C), substituted “such trust, fraternal society, order, or association would not be disqualified for tax exemption under section
501
(c)(3) by reason of attempting to influence legislation” for “no substantial part of the activities of such trustee or trustees, or of such fraternal society, order, or association, is carrying on propaganda, or otherwise attempting, to influence legislation” after “children or animals”.
Subsec. (a)(2)(F).
Pub. L. 94–455, § 1902(a)(5)(A), substituted “Cross references” for “Other cross references” after “(F)”, in cl. (1) “purposes of deduction under this section” for “purpose of deduction under this paragraph” after “valuation for”, in cl. (2) provision for exemption of certain bequests for benefit of United States and for rules of construction for certain bequests, for provisions of cls. (2) to (11) relating to bequests to; Library of Congress, Post Office Department, Office of Naval Records and Library, National Park Service, Department of State, Department of Justice, payment of tax on bequests of United States obligations, Naval Academy, Naval Academy Museum, and National Archives Trust Fund Board, respectively.
Subsec. (a)(3).
Pub. L. 94–455, § 2001(c)(1)(F), struck out par. (3) relating to specific exemption in case of decedents nonresidents not citizens.
Subsec. (c).
Pub. L. 94–455, § 1902(a)(5)(B), struck out subsec. (c) relating to treatment of United States bonds in determining gross estate of a decedent who was not engaged in business in the United States at the time of his death.
1969—Subsec. (a)(2)(A)(ii), (iii).
Pub. L. 91–172, § 201(d)(4)(B), inserted non-participation and non-intervention in political campaigns as an additional qualification.
Subsec. (a)(2)(E).
Pub. L. 91–172, § 201(d)(2), substituted substantive provisions for simple reference to sections
503 and
681 of this title in which such substantive provisions were formerly set out.
1966—Subsec. (a)(3).
Pub. L. 89–809 substituted “$30,000” for “$2,000” as size of exemption in subpar. (A) and “$30,000” for “$2,000” as item (i) in formula set out in subpar. (B).
1960—Subsec. (a)(3).
Pub. L. 86–779 designated existing provisions as subpar. (A) and added subpar. (B).
1958—Subsec. (a)(2)(E).
Pub. L. 85–866 substituted “503” for “504”.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of
Pub. L. 107–16, set out as a note under section
2011 of this title.
Amendment by
Pub. L. 107–16 inapplicable to estates of decedents dying, gifts made, or generation skipping transfers, after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such estates, gifts, and transfers as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see section 7817 of
Pub. L. 101–239, set out as a note under section
1 of this title.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 applicable to estates of decedents dying after Nov. 10, 1988, see section 5033(d)(1) of
Pub. L. 100–647, set out as a note under section
2056 of this title.
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–203 applicable with respect to activities after Dec. 22, 1987, see section 10711(c) of
Pub. L. 100–203, set out as a note under section
170 of this title.
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–514 applicable to transfers and contributions made after Dec. 31, 1986, see section 1422(e) of
Pub. L. 99–514, set out as a note under section
2055 of this title.
Effective Date of 1983 Amendment
For effective date of amendment by
Pub. L. 97–473, see section 204(3) of
Pub. L. 97–473, set out as an Effective Date note under section
7871 of this title.
Effective Date of 1976 Amendment
Amendment by section 1902(a)(5) of
Pub. L. 94–455 applicable in the case of estates of decedents dying after Oct. 4, 1976, see section 1902(c)(1) of
Pub. L. 94–455, set out as a note under section
2011 of this title.
Amendment by section 2001(c)(1)(F) of
Pub. L. 94–455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d)(1) of
Pub. L. 94–455, set out as a note under section
2001 of this title.
Effective Date of 1969 Amendment
Amendment by section 201(d)(2) of
Pub. L. 91–172 applicable in the case of decedents dying after Dec. 31, 1969, with specified exceptions, see section 201(g)(4) of
Pub. L. 91–172, set out as a note under section
170 of this title.
Amendment by section 201(d)(4)(B) of
Pub. L. 91–172 applicable to gifts and transfers made after Dec. 31, 1969, see section 201(g)(4) of
Pub. L. 91–172, set out as a note under section
170 of this title.
Effective Date of 1966 Amendment
Amendment by
Pub. L. 89–809 applicable with respect to estates of decedents dying after Nov. 13, 1966, see section 108(i) of
Pub. L. 89–809, set out as a note under section
2101 of this title.
Effective Date of 1960 Amendment
Section 4(e)(2) of
Pub. L. 86–779 provided that: “The amendments made by subsections (b) and (c) [enacting section
2209 of this title and amending this section] shall apply with respect to estates of decedents dying after the date of the enactment of this Act [Sept. 14, 1960].”
Application of Amendments by Section 5033 of Pub. L. 100–647 to Estates of, or Gifts by, Noncitizen and Nonresident Individuals
For provisions directing that in the case of the estate of, or gift by, an individual who was not a citizen or resident of the United States but was a resident of a foreign country with which the United States has a tax treaty with respect to estate, inheritance, or gift taxes, the amendments made by section 5033 of
Pub. L. 100–647 shall not apply to the extent such amendments would be inconsistent with the provisions of such treaty relating to estate, inheritance, or gift tax marital deductions, but that in the case of the estate of an individual dying before the date 3 years after Dec. 19, 1989, or a gift by an individual before the date 3 years after Dec. 19, 1989, the requirement of the preceding provision that the individual not be a citizen or resident of the United States shall not apply, see section 7815(d)(14) of
Pub. L. 101–239, set out as a note under section
2056 of this title.