- 8 - trust are held by skip persons. Secs. 2613(a)(1) and (2), 2651. In the case of a direct skip (other than a direct skip from a trust), liability for GST tax falls on the transferor. Sec. 2603(a)(3). The term “transferor” means the decedent in the case of any property subject to Federal estate tax. Sec. 2652(a)(1). The flush language of section 2652(a)(1) provides that “An individual shall be treated as transferring any property with respect to which such individual is the transferor.” As a general rule, if a decedent holds a general power of appointment over property at death, the value of such property is included in the decedent’s gross estate for Federal estate tax purposes under section 2041. With exceptions not pertinent to our discussion, a general power of appointment means “a power which is exercisable in favor of the decedent, his estate, his creditors, or the creditors of his estate”. Sec. 2041(b)(1).3 GST tax generally applies to any generation-skipping transfer made after October 22, 1986. TRA 1986 sec. 1431(a). However, TRA 1986 section 1433(b)(2)(A) provides special transitional rules or “grandfather” provisions excepting certain transfers from the reach of the GST tax. TRA 1986 section 1433(b)(2)(A) provides: 3 It follows that a decedent who dies holding a general power of appointment over property is treated as the transferor of that property for purposes of GST tax. See 5 Bittker & Lokken, Federal Taxation of Income, Estates & Gifts, par. 133.2.2 at 133-6 to 133-7 (2d ed. 1993).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011