[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1170

  To limit the applicability of the generation-skipping transfer tax.


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                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

  Mr. Pressler (for himself and Mr. Baucus) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To limit the applicability of the generation-skipping transfer tax.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON APPLICABILITY OF GENERATION-SKIPPING TRANSFER 
              TAX.

    (a) In General.--Section 2651 of the Internal Revenue Code of 1986 
(relating to generation assignment) is amended by redesignating 
subsection (e) as subsection (f), and by inserting after subsection (d) 
the following new subsection:
    ``(e) Special Rule for Persons With a Deceased Parent.--
            ``(1) In general.--For purposes of determining whether any 
        transfer is a generation-skipping transfer, if--
                    ``(A) an individual who has an interest in property 
                is a descendant of a parent of the transferor (or the 
                transferor's spouse or former spouse), and
                    ``(B) such individual's parent who is a lineal 
                descendant of the parent of the transferor (or the 
                transferor's spouse or former spouse) is dead at the 
                time the transfer from which such interest is 
                established or derived is subject to a tax imposed by 
                chapter 11 or 12 upon the transferor (and if there 
                shall be more than 1 such time, then at the latest such 
                time), such individual shall be treated as if such 
                individual were a member of the generation which is 1 
                generation below the lower of the transferor's 
                generation or the generation assignment of the youngest 
                living ancestor of such individual who is also a 
                descendant of the parent of the transferor (or the 
                transferor's spouse or former spouse), and the 
                generation assignment of any descendant of such 
                individual shall be adjusted accordingly.
            ``(2) Limited application of subsection to collateral 
        heirs.--This subsection shall not apply to any individual who 
        is not a lineal descendant of the transferor (or the 
        transferor's spouse or former spouse) if, at the time of the 
        transfer, such transferor has any living lineal descendant.''.
    (b) Conforming Amendments.--
            (1) Section 2612(c) of the Internal Revenue Code of 1986 
        (defining direct skip) is amended by striking paragraph (2) and 
        by redesignating paragraph (3) as paragraph (2).
            (2) Section 2612(c)(2) of such Code (as so redesignated) is 
        amended by striking ``section 2651(e)(2)'' and inserting 
        ``section 2651(f)(2)''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act apply to terminations, 
distributions, and transfers occurring on or after January 1, 1995.
                                 <all>