U.S. Code » Title 26 » Subtitle Subtitle B— Estate and Gift Taxes › Chapter CHAPTER 12— GIFT TAX › Subchapter Subchapter A— Determination of Tax Liability

26 U.S.C. § 2502

Rate of tax

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(a) Computation of taxThe tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of—(1) a tentative tax, computed under section 2001(c), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over(2) a tentative tax, computed under such section, on the aggregate sum of the taxable gifts for each of the preceding calendar periods.(b) Preceding calendar periodWhenever used in this title in connection with the gift tax imposed by this chapter, the term “preceding calendar period” means—(1) calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970,(2) the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the first calendar quarter of calendar year 1982, and(3) all calendar years after 1981 and before the calendar year for which the tax is being computed.For purposes of paragraph (1), the term “calendar year 1932” includes only that portion of such year after June 6, 1932.(c) Tax to be paid by donor

The tax imposed by section 2501 shall be paid by the donor.

(Aug. 16, 1954, ch. 736, 68A Stat. 403; Pub. L. 91–614, title I, § 102(a)(2), Dec. 31, 1970, 84 Stat. 1839; Pub. L. 94–455, title XX, § 2001(b)(1), Oct. 4, 1976, 90 Stat. 1849; Pub. L. 97–34, title IV, § 442(a)(2), Aug. 13, 1981, 95 Stat. 320; Pub. L. 100–203, title X, § 10401(b)(2)(B), Dec. 22, 1987, 101 Stat. 1330–431; Pub. L. 107–16, title V, § 511(d), June 7, 2001, 115 Stat. 70; Pub. L. 111–312, title III, § 302(b)(2), Dec. 17, 2010, 124 Stat. 3301.)Editorial NotesAmendments

2010—Subsec. (a). Pub. L. 111–312 amended subsec. (a) to read as if amendment by Pub. L. 107–16, § 511(d), had never been enacted. See 2001 Amendment note below.

2001—Subsec. (a). Pub. L. 107–16, § 511(d), amended subsec. (a) generally. Prior to amendment, text read as follows: “The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of—

“(1) a tentative tax, computed under section 2001(c), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over

“(2) a tentative tax, computed under such section, on the aggregate sum of the taxable gifts for each of the preceding calendar periods.”

1987—Subsec. (a)(1). Pub. L. 100–203, § 10401(b)(2)(B)(i), substituted “under section 2001(c)” for “in accordance with the rate schedule set forth in section 2001(c)”.

Subsec. (a)(2). Pub. L. 100–203, § 10401(b)(2)(B)(ii), substituted “under such section” for “in accordance with such rate schedule”.

1981—Subsec. (a). Pub. L. 97–34 substituted in introductory text and par. (1) “calendar year” for “calendar quarter” and in pars. (1) and (2) “calendar periods” for “calendar years and calendar quarters”.

Subsec. (b). Pub. L. 97–34 substituted definition of “preceding calendar period” for “calendar quarter”, the latter including only the first calendar quarter of the calendar year 1971 and succeeding calendar quarters (covered in par. (2)), the former incorporating former subsec. (c)(1) definition of “preceding calendar years” as meaning calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970 and “calendar year 1932” as including only the portion of such year after June 6, 1932, and former subsec. (c)(2) definition of “preceding calendar quarters” as meaning the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the calendar quarter for which the tax is being computed.

Subsecs. (c), (d). Pub. L. 97–34 redesignated subsec. (d) as (c). Former subsec. (c), defining “preceding calendar years” and “preceding calendar quarters”, was incorporated in subsec. (b).

1976—Subsec. (a). Pub. L. 94–455 inserted “tentative” after “(1) a” and “(2) a” and substituted in par. (1) “section 2001(c)” for “this subsection” after “set forth in”.

1970—Subsec. (a). Pub. L. 91–614, § 102(a)(2)(A), substituted a computation of tax formula based on the current calendar quarter, preceding calendar quarters, and preceding calendar years for a formula based entirely on the current and preceding calendar years.

Subsec. (b). Pub. L. 91–614, § 102(a)(2)(B), substituted definition of “calendar quarter” for definition of “calendar year”.

Subsec. (c). Pub. L. 91–614, § 102(a)(2)(B), substituted definition of “preceding calendar years and quarters” for definition of “preceding calendar years”.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Pub. L. 111–312, title III, § 302(b)(2), Dec. 17, 2010, 124 Stat. 3301, provided that the amendment by section 302(b)(2) is effective on and after Jan. 1, 2011.

Effective Date of 2001 Amendment

Pub. L. 107–16, title V, § 511(f)(3), June 7, 2001, 115 Stat. 71, provided that: “The amendments made by subsections (d) and (e) [amending this section and section 2511 of this title] shall apply to gifts made after December 31, 2009.”

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable in the case of decedents dying, and gifts made, after Dec. 31, 1987, see section 10401(c) of Pub. L. 100–203, set out as a note under section 2001 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–34 applicable with respect to gifts made after Dec. 31, 1981, see section 442(e) of Pub. L. 97–34, set out as a note under section 2501 of this title.

Effective Date of 1976 Amendment

Pub. L. 94–455, title XX, § 2001(d)(2), Oct. 4, 1976, 90 Stat. 1854, provided that: “The amendments made by subsections (b) and (c)(2) [enacting section 2505 of this title, amending this section and section 2504 of this title, and repealing section 2521 of this title] shall apply to gifts made after December 31, 1976.”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–614 applicable with respect to gifts made after Dec. 31, 1970, see section 102(e) of Pub. L. 91–614, set out as a note under section 2501 of this title.

Notes of Decisions
Cited in 22 cases, 1978–2007 · leading case: Diedrich v. Comm'r, 457 U.S. 191 (1982).
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Diedrich v. Comm'r, 457 U.S. 191 (1982). · cites it 2× “When a gift is made, the gift tax liability falls on the donor under 26 U. S. C. § 2502 (d). [6] When a donor makes a gift to a donee, a "debt" to the United States for the amount of the gift tax is incurred by the donor.”
United States v. Irvine, 511 U.S. 224 (1994). · cites it 2× “[18] See 26 U. S. C. § 2502 (b). [19] While respondents do not take the further step of arguing that § 502 should be read to embody the fiction because due process would otherwise be violated, they do argue that taxation here would violate due process because Mrs.”
United States v. McKee, 506 F.3d 225 (3rd Cir. 2007). “02 (“Amounts paid by breadwinners to support their spouses and minor children are routinely excluded from the beneficiary’s gross income even though they satisfy a legal obligation.”) (2007). Inge only had a duty to file if the money that was used to pay for the cars and the…”
Pabst v. Comm'r of Taxes, 388 A.2d 1181 (Vt. 1978). · cites it 2× “First, all federal taxable gifts made by the taxpayer since 1932 (the first year in which the federal gift tax law was applicable), including gifts made in the quarter for which the tax was being calculated, were added together; a tax on that sum was computed by reference to a…”
United States v. Botefuhr, 309 F.3d 1263 (10th Cir. 2002). “See 26 U.S.C. § 2502 (c) (“The tax imposed by § 2501 shall be paid by the donor.”
Est. of O'Neal v. United States, 81 F. Supp. 2d 1205 (N.D. Ala. 2000). · cites it 4× “O’Neal’s liability under 26 U.S.C. § 2502 (c). The defendant also alleges “certain critical facts .”
Frank Armstrong, Jr. Trust Ex Rel. Arm. v. United States, 132 F. Supp. 2d 421 (W.D. Va. 2001). “See 26 U.S.C. § 2502 (c). The law is clear that a gift is measured by the value of the property at the time of' transfer from the donor to the donee(s).”
Est. of Lock, 122 Cal. App. 3d 892 (Cal. Ct. App. 1981). “Section 2502, subdivision (d) of the code ( 26 U.S.C.A. § 2502 (d)) directs: "The tax imposed by section 2501 shall be paid by the donor.”
Griffin v. United States, 42 F. Supp. 2d 700 (W.D. Tex. 1998). “See 26 U.S.C. § 2502 , 2505 (West 1989) (establishing a $600,000 federal gift tax lifetime exemption per individual).”
Est. of Armstrong v. United States, 277 F.3d 490 (4th Cir. 2002). “§ 2503 (b) (West 1989), that an individual transfers as a gift during any tax year. 26 U.S.C.A. § 2501 (a)(1) (West 1989).”
Poinier v. Comm'r, 858 F.2d 917 (3rd Cir. 1988). “26 U.S.C. § 2502 (d) (1970). It was due at the time fixed for filing a gift tax return.”
Emmett J. Doerr v. United States, 819 F.2d 162 (7th Cir. 1987). “Unlike the federal gift tax statute, which places responsibility for paying the tax on the donor, see 26 U.S.C. § 2502 (c), the Wisconsin gift tax statute imposes the tax upon both the donor and the donee and imposes joint and several liability upon the donor and the donee if…”
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