
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC2613]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                    Subtitle B--Estate and Gift Taxes
 
            CHAPTER 13--TAX ON GENERATION-SKIPPING TRANSFERS
 
               Subchapter B--Generation-Skipping Transfers
 
Sec. 2613. Skip person and non-skip person defined


(a) Skip person

    For purposes of this chapter, the term ``skip person'' means--
        (1) a natural person assigned to a generation which is 2 or more 
    generations below the generation assignment of the transferor, or
        (2) a trust--
            (A) if all interests in such trust are held by skip persons, 
        or
            (B) if--
                (i) there is no person holding an interest in such 
            trust, and
                (ii) at no time after such transfer may a distribution 
            (including distributions on termination) be made from such 
            trust to a nonskip person.

(b) Non-skip person

    For purposes of this chapter, the term ``non-skip person'' means any 
person who is not a skip person.

(Added Pub. L. 94-455, title XX, Sec. 2006(a), Oct. 4, 1976, 90 Stat. 
1884; amended Pub. L. 95-600, title VII, Sec. 702(n)(2), (3), Nov. 6, 
1978, 92 Stat. 2935, 2936; Pub. L. 96-222, title I, Sec. 107(a)(2)(B), 
Apr. 1, 1980, 94 Stat. 222; Pub. L. 99-514, title XIV, Sec. 1431(a), 
Oct. 22, 1986, 100 Stat. 2720; Pub. L. 100-647, title I, 
Sec. 1014(g)(5)(A), Nov. 10, 1988, 102 Stat. 3564.)


                               Amendments

    1988--Subsec. (a)(1). Pub. L. 100-647 inserted ``natural'' before 
``person''.
    1986--Pub. L. 99-514 amended section generally, substituting 
definitions of ``skip person'' and ``non-skip person'' for former 
provisions which defined and applied the terms ``taxable distribution'', 
``taxable termination'', ``younger generation beneficiary'', and 
``related or subordinate trustee''.
    1980--Subsec. (e)(2)(A)(i). Pub. L. 96-222, Sec. 107(a)(2)(B)(i), 
inserted ``(other than as a potential appointee under a power of 
appointment held by another)'' after ``trust''.
    Subsec. (e)(2)(B). Pub. L. 96-222, Sec. 107(a)(2)(B)(ii), 
redesignated cls. (iii) to (v) as (iv) to (vi), added cl. (iii), and 
struck out cl. (vi) which related to an employee of a corporation in 
which the grantor or any beneficiary of the trust is an executive.
    1978--Subsec. (b)(2)(B). Pub. L. 95-600, Sec. 702(n)(3), substituted 
``a present interest and a present power'' for ``an interest and a 
power'' and ``present interest or present power'' for ``interest or 
power'' wherever appearing.
    Subsec. (e). Pub. L. 95-600, Sec. 702(n)(2), inserted provisions 
relating to powers of independent trustees and definition of a related 
or subordinate trustee.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 effective, except as otherwise 
provided, as if included in the provision of the Tax Reform Act of 1986, 
Pub. L. 99-514, to which such amendment relates, see section 1019(a) of 
Pub. L. 100-647, set out as a note under section 1 of this title.


                    Effective Date of 1986 Amendment

    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.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-222 effective, except as otherwise provided, 
as if it had been included in the provisions of the Revenue Act of 1978, 
Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. 
L. 96-222, set out as a note under section 32 of this title.


                    Effective Date of 1978 Amendment

    Section 702(n)(5) of Pub. L. 95-600, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(A) Except as provided in subparagraph (B), the amendments made by 
this subsection [amending this section, section 2602 of this title, and 
provisions set out as a note under section 2601 of this title] shall 
take effect as if included in chapter 13 of the Internal Revenue Code of 
1986 [formerly I.R.C. 1954] as added by section 2006 of the Tax Reform 
Act of 1976 [Pub. L. 94-455, title XX, Sec. 2006, Oct. 4, 1976, 90 Stat. 
1879].
    ``(B) The amendment made by paragraph (1) [amending provisions set 
out as a note under section 2601 of this title] shall take effect on 
October 4, 1976.''
