26 U.S.C. § 2641

Applicable rate

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(a) General ruleFor purposes of this chapter, the term “applicable rate” means, with respect to any generation-skipping transfer, the product of—(1) the maximum Federal estate tax rate, and(2) the inclusion ratio with respect to the transfer.(b) Maximum Federal estate tax rate

For purposes of subsection (a), the term “maximum Federal estate tax rate” means the maximum rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be.

(Added Pub. L. 99–514, title XIV, § 1431(a), Oct. 22, 1986, 100 Stat. 2722.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable to generation-skipping transfers (within the meaning of section 2611 of this title) made after Oct. 22, 1986, except as otherwise provided, see section 1433 of Pub. L. 99–514, set out as a note under section 2601 of this title.

Modification of Generation-Skipping Transfer Tax

Pub. L. 111–312, title III, § 302(c), Dec. 17, 2010, 124 Stat. 3302, provided that: “In the case of any generation-skipping transfer made after December 31, 2009, and before January 1, 2011, the applicable rate determined under section 2641(a) of the Internal Revenue Code of 1986 shall be zero.”

Notes of Decisions

Cited in 2 cases, 1988–2010 · leading case: In Re Trust D Created Under the Last Will & Testament of Darby, 234 P.3d 793 (Kan. 2010).

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In Re Trust D Created Under the Last Will & Testament of Darby, 234 P.3d 793 (Kan. 2010). “See also 26 U.S.C. § 2641 (a).... “At the time of Senator Darby’s death, the GSTT was subject to a $1 million exemption for the entirety of his estate.”

In re the Est. of Choate, 63 A.F.T.R. (P-H) 1553 (N.Y. Sur. Ct. 1988). “The process provided by the Internal Revenue Code ( 26 USC § 2641 ) to determine the GST begins with the "applicable fraction” consisting of the GST exemption as the numerator and the value of the transferred property as the denominator.”

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