§2046 — Disclaimers
11 citing cases
Statute Text — 26 U.S.C. §2046
For provisions relating to the effect of a qualified disclaimer for purposes of this chapter, see section 2518.
Treasury Regulations
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Treas. Reg. §20.2046-1Disclaimed property
(a) This section shall apply to the disclaimer or renunciation of an interest in the person disclaiming by a transfer made after December 31, 1976. For rules relating to when the transfer creating the interest occurs, see § 25.2518-2(c)(3) and (c)(4) of this chapter. If a qualified disclaimer is made with respect to such a transfer, the Federal estate tax provisions are to apply with respect to the property interest disclaimed as if the interest had never been transferred to the person making the disclaimer. See section 2518 and the corresponding regulations for rules relating to a qualified disclaimer.
(b) The first and second sentences of this section are applicable for transfers creating the interest to be disclaimed made on or after December 31, 1997.
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Treas. Reg. §20.2046-1(a)This section shall apply to the disclaimer or renunciation of an interest in the person disclaiming by a transfer made after December 31, 1976.
This section shall apply to the disclaimer or renunciation of an interest in the person disclaiming by a transfer made after December 31, 1976. For rules relating to when the transfer creating the interest occurs, see § 25.2518-2(c)(3) and (c)(4) of this chapter. If a qualified disclaimer is made with respect to such a transfer, the Federal estate tax provisions are to apply with respect to the property interest disclaimed as if the interest had never been transferred to the person making the disclaimer. See section 2518 and the corresponding regulations for rules relating to a qualified disclaimer.
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Treas. Reg. §20.2046-1(b)The first and second sentences of this section are applicable for transfers creating the interest to be disclaimed made on or after December 31, 1997.
The first and second sentences of this section are applicable for transfers creating the interest to be disclaimed made on or after December 31, 1997.
11 Citing Cases
Section 2046 provides that disclaimers of property interests passing upon death are treated as provided in section 2518. - 6 - Section 2518 provides that, if a person makes a qualified disclaimer with respect to any interest in property, the disclaimed interest is treated as if it had never been transferred to the person making the qualified discl
For purposes of the estate tax, section 2046 incorporates by reference section 2518, which reads in part: SECTION 2518.
For purposes of the estate tax, section 2046 incorporates by reference section 2518, which reads in part: SECTION 2518.
Section 2518 reads in part as follows: SEC. 2518. DISCLAIMERS. (a) General Rule.--For purposes of this subtitle, if a person makes a qualified disclaimer with respect to any interest in property, this subtitle shall apply with respect to such interest as if the interest had never been transferred to such person. (b) Qualified Disclaimer
Section 2046 incorporates the provisions of section 2518, which governs disclaimers of property interests for Federal gift tax purposes. Under section 2046, a "qualified disclaimer" meeting the requirements of section 2518 results in the disclaimant's being treated as having never received the disclaimed interest in property for Federal estate tax