Internal Revenue Code:Sec. 2613. Skip person and non-skip person defined

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 13 - TAX ON GENERATION-SKIPPING TRANSFERS
        Subchapter B - Generation-Skipping Transfers
      

Statute

    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.
 

Sources

    (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.)
 

Miscellaneous

                                 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.''