Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, November 25, 2016

Article on IRC Section 2801: Inheritance Tax

Inheritance tax2Stephen Liss & Marianne R. Kayan recently published an Article entitled, IRC Section 2801: What U.S. Estate Planners Need to Know, Trusts & Estates (Nov. 2016). Provided below is a summary of the Article:

The inheritance tax section of Internal Revenue Code Section 2801 will soon become effective, bringing with it unique and difficult challenges for advisors and taxpayers. While the U.S. estate and gift tax system impose obligations on the donor, the IRC Section 2801 inheritance tax requires the donee to prove a negative or pay a 40 percent inheritance tax. Specifically, whenever a U.S. domiciliary receives a gift, bequest or distribution from a foreign trust, the proposed regulations require the donee to determine whether tax is due under Section 2801. Unless an exception applies, it’s presumed that all gifts, bequests or trust distributions are subject to tax under Section 2801, unless the donee proves otherwise. Let’s review how U.S. domiciliaries may overcome that presumption and what domestic estate planners need to know to properly advise their U.S. domiciled clients.

https://lawprofessors.typepad.com/trusts_estates_prof/2016/11/article-on-irc-section-2801-inheritance-tax.html

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