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Electronic Code of Federal Regulations

e-CFR data is current as of June 3, 2020

Title 26Chapter ISubchapter BPart 25 → §25.2702-0


Title 26: Internal Revenue
PART 25—GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954


§25.2702-0   Table of contents.

This section lists the major paragraphs contained in §§25.2702-1 through 25.2702-7.

§25.2702-1   Special valuation rules in the case of transfers of interests in trust.

(a) Scope of section 2702.

(b) Effect of section 2702.

(c) Exceptions to section 2702.

(1) Incomplete gift.

(2) Personal residence trust.

(3) Charitable remainder trust.

(4) Pooled income fund.

(5) Charitable lead trust.

(6) Certain assignments of remainder interests.

(7) Certain property settlements.

§25.2702-2   Definitions and valuation rules.

(a) Definitions.

(1) Member of the family.

(2) Transfer in trust.

(3) Retained.

(4) Interest.

(5) Holder.

(6) Qualified interest.

(7) Qualified annuity interest.

(8) Qualified unitrust interest.

(9) Qualified remainder interest.

(10) Governing instrument.

(b) Valuation of retained interests.

(1) In general.

(2) Qualified interest.

(c) Valuation of a term interest in certain tangible property.

(1) In general.

(2) Tangible property subject to rule.

(3) Evidence of value of property.

(4) Conversion of property.

(5) Additions or improvements to property.

(d) Examples.

§25.2702-3   Qualified interests.

(a) In general.

(b) Special rules for qualified annuity interests.

(1) Payment of annuity amount.

(2) Incorrect valuations of trust property.

(3) Computation of annuity amount in certain circumstances.

(4) Additional contributions prohibited.

(c) Special rules for qualified unitrust interests.

(1) Payment of unitrust amount.

(2) Incorrect valuations of trust property.

(3) Computation of unitrust amount in certain circumstances.

(d) Requirements applicable to qualified annuity interests and qualified unitrust interests.

(1) In general.

(2) Contingencies.

(3) Amounts payable to other persons.

(4) Term of the annuity or unitrust interest.

(5) Commutation.

(6) Use of debt obligations to satisfy the annuity or unitrust payment obligation.

(e) Examples.

(f) Qualified remainder interest.

(1) Requirements.

(2) Remainder interest.

(3) Examples.

§25.2702-4   Certain property treated as held in trust.

(a) In general.

(b) Leases.

(c) Joint purchases.

(d) Examples.

§25.2702-5   Personal residence trusts.

(a) In general.

(b) Personal residence trust.

(1) In general.

(2) Personal residence.

(3) Qualified proceeds.

(c) Qualified personal residence trust.

(1) In genera1.

(2) Personal residence.

(3) Income of the trust.

(4) Distributions from the trust to other persons.

(5) Assets of the trust.

(6) Commutation.

(7) Cessation of use as a personal residence.

(8) Disposition of trust assets on cessation as qualified personal residence trust.

(d) Examples.

§25.2702-6   Reduction in taxable gifts.

(a) Transfers of retained interests in trust.

(1) Inter vivos transfers.

(2) Testamentary transfers.

(3) Gift splitting.

(b) Amount of reduction.

(1) In general.

(2) Treatment of annual exclusion.

(3) Overlap with section 2001.

(c) Examples.

§25.2702-7   Effective dates.

[T.D. 6334, 23 FR 8904, Nov. 15, 1958; 25 FR 14021, Dec. 31, 1960, as amended by T.D. 9181, 70 FR 9223, Feb. 25, 2005]

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