- 9 - period, entailing the imposition of additional estate tax under section 2032A(c). Section 2032A(c)(1), which imposes the recapture tax, is as follows: (1) Imposition of additional estate tax.--If, within 10 years after the decedent's death and before the death of the qualified heir-- (A) the qualified heir disposes of any interest in qualified real property (other than by a disposition to a member of his family), or (B) the qualified heir ceases to use for the qualified use the qualified real property which was acquired (or passed) from the decedent, then there is hereby imposed an additional estate tax. The term "qualified use" is defined in section 2032A(b)(2) as follows: (2) Qualified use.--For purposes of this section, the term qualified use means the devotion of the property to any of the following: (A) use as a farm for farming purposes, or (B) use in a trade or business other than the trade or business of farming. Cessation of qualified use as provided in section 2032A(c)(1)(B) is amplified in section 2032A(c)(6): (6) Cessation of qualified use.--For purposes of paragraph (1)(B), real property shall cease to be used for the qualified use if-- (A) such property ceases to be used for the qualified use set forth in subparagraph (A) or (B) of subsection (b)(2) under which the property qualified under subsection (b), orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011