[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49570-49643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19675]



[[Page 49569]]

Vol. 76

Wednesday,

No. 154

August 10, 2011

Part III





Department of the Treasury





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Internal Revenue Service





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26 CFR Parts 1, 20, and 25





Use of Actuarial Tables in Valuing Annuities, Interests for Life or 
Terms of Years, and Remainder or Reversionary Interests; Final Rule

  Federal Register / Vol. 76 , No. 154 / Wednesday, August 10, 2011 / 
Rules and Regulations  

[[Page 49570]]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 20, and 25

[TD 9540]
RIN 1545-BH67


Use of Actuarial Tables in Valuing Annuities, Interests for Life 
or Terms of Years, and Remainder or Reversionary Interests

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations and removal of temporary regulations.

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SUMMARY: This document contains final regulations relating to the use 
of actuarial tables in valuing annuities, interests for life or terms 
of years, and remainder or reversionary interests. These regulations 
will affect the valuation of inter vivos and testamentary transfers of 
interests dependent on one or more measuring lives. These regulations 
are necessary because section 7520(c)(3) directs the Secretary to 
update the actuarial tables to reflect the most recent mortality 
experience available.

DATES: Effective Date: These regulations are effective on August 10, 
2011.
    Applicability Date: These regulations apply on August 10, 2011.

FOR FURTHER INFORMATION CONTACT: Mayer R. Samuels, (202) 622-3090 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2009, the IRS published in the Federal Register (74 FR 
21438 and 74 FR 21519) final and temporary regulations (TD 9448) and a 
notice of proposed rulemaking by cross reference to temporary 
regulations (REG-107845-08) under sections 642, 664, 2031, 2512, and 
7520 relating to the use of actuarial tables in valuing annuities, 
interests for life or terms of years, and remainder or reversionary 
interests. No written comments responding to the notice of proposed 
rulemaking by cross reference to temporary regulations were received 
and, thus, no hearing was held. An example was deleted under section 
2032 and it is anticipated that it instead will be included in a 
different regulation project under that section. The proposed 
regulations by cross reference to the temporary regulations, without 
any other substantive change, are adopted as final regulations.
    The following chart summarizes the applicable interest rates and 
the citations to textual materials and tables for the various periods 
covered under the current regulations:

                                     Cross Reference to Regulation Sections
----------------------------------------------------------------------------------------------------------------
                                           Interest
            Valuation period                 rate        Regulation section                   Table
----------------------------------------------------------------------------------------------------------------
Section 642:
    Valuation, in general...............  .........  1.642(c)-6................
    before 01/01/52.....................         4%  1.642(c)-6A(a)............
    01/01/52-12/31/70...................       3.5%  1.642(c)-6A(b)............
    01/01/71-11/30/83...................         6%  1.642(c)-6A(c)............
    12/01/83-04/30/89...................        10%  1.642(c)-6A(d)............  Table G.
    05/01/89-04/30/99...................       Sec.  1.642(c)-6A(e)............  Table S (05/01/89-04/30/99).
                                               7520
    05/01/99-04/30/09...................       Sec.  1.642(c)-6A(f)............  Table S (05/01/99-04/30/09).
                                               7520
    on or after 05/01/09................       Sec.  1.642(c)-6(e).............  Table S (on or after 05/01/09).
                                               7520
Section 664:
    Valuation, in general...............  .........  1.664-4...................
    before 01/01/52.....................         4%  1.664-4A(a)...............
    01/01/52-12/31/70...................       3.5%  1.664-4A(b)...............
    01/01/71-11/30/83...................         6%  1.664-4A(c)...............
    12/01/83-04/30/89...................        10%  1.664-4A(d)...............  Table E, Table F(1).
    05/01/89-04/30/99...................       Sec.  1.664-4A(e)...............  Table U(1) (05/01/89-04/30/99).
                                               7520
    05/01/99-04/30/09...................       Sec.  1.664-4A(f)...............  Table U(1) (05/01/99-04/30/09).
                                               7520
    on or after 05/01/09................       Sec.  1.664-4(e)................  Table D, Tables F(4.2)-F(14.0),
                                               7520                               and Table U(1) (on or after 05/
                                                                                  01/09).
Section 2031:
    Valuation, in general...............  .........  20.2031-7.................
    before 01/01/52.....................         4%  20.2031-7A(a).............
    01/01/52-12/31/70...................       3.5%  20.2031-7A(b).............
    01/01/71-11/30/83...................         6%  20.2031-7A(c).............
    12/01/83-04/30/89...................        10%  20.2031-7A(d).............  Table A, Table B, Table LN.
    05/01/89-04/30/99...................       Sec.  20.2031-7A(e).............  Table S (05/01/89-04/30/99) and
                                               7520                               Life Table 80CNSMT.
    05/01/99-04/30/09...................       Sec.  20.2031-7A(f).............  Table S (05/01/99-04/30/09) and
                                               7520                               Life Table 90CM.
    on or after 05/01/09................       Sec.  20.2031-7(d)..............  Table B, Table J, Table K, and
                                               7520                               Table S (on or after 05/01/09)
                                                                                  and Life Table 2000CM.
Section 2512:
    Valuation, in general...............  .........  25.2512-5.................
    before 01/01/52.....................         4%  25.2512-5A(a).............
    01/01/52-12/31/70...................       3.5%  25.2512-5A(b).............
    01/01/71-11/30/83...................         6%  25.2512-5A(c).............
    12/01/83-04/30/89...................        10%  25.2512-5A(d).............
    05/01/89-04/30/99...................       Sec.  25.2512-5A(e).............
                                               7520
    05/01/99-04/30/09...................       Sec.  25.2512-5A(f).............
                                               7520
    on or after 05/01/09................       Sec.  25.2512-5(d)..............
                                               7520
----------------------------------------------------------------------------------------------------------------


[[Page 49571]]

Effective Dates

    These regulations are applicable in the case of annuities, 
interests for life or terms of years, and remainder or reversionary 
interests valued as of a date on or after May 1, 2009.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in EO 12866. Therefore, a 
regulatory assessment is not required. It also has been determined that 
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 
does not apply to these regulations, and because these regulations do 
not impose a collection of information requirement on small entities, 
the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. 
Therefore, a Regulatory Flexibility Analysis is not required. Pursuant 
to section 7805(f) of the Internal Revenue Code, the notice of proposed 
rulemaking preceding this regulation was submitted to the Chief Counsel 
for Advocacy of the Small Business Administration for comment on its 
impact on small business.

Drafting Information

    The principal author of these regulations is Mayer R. Samuels, 
Office of the Associate Chief Counsel (Passthroughs and Special 
Industries), IRS. However, other personnel from the IRS and the 
Treasury Department participated in their development.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 20

    Estate taxes, Reporting and recordkeeping requirements.

26 CFR Part 25

    Gift taxes, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR parts 1, 20, and 25 are amended as follows:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 is amended by removing 
the entries for 1.170A-12T, 1.642(c)-6T, 1.664-4T and 1.7520-1T to read 
in part as follows:

    Authority:  26 U.S.C. 7805 * * *


0
Par. 2. Section 1.170A-12 is amended by revising paragraphs (b)(2), 
(b)(3), and (f) to read as follows:


Sec.  1.170A-12  Valuation of a remainder interest in real property for 
contributions made after July 31, 1969.

* * * * *
    (b) * * *
    (2) Computation of depreciation factor. If the valuation of the 
remainder interest in depreciable property is dependent upon the 
continuation of one life, a special factor must be used. The factor 
determined under this paragraph (b)(2) is carried to the fifth decimal 
place. The special factor is to be computed on the basis of the 
interest rate and life contingencies prescribed in Sec.  20.2031-7 of 
this chapter (or for periods before May 1, 2009, Sec.  20.2031-7A) and 
on the assumption that the property depreciates on a straight-line 
basis over its estimated useful life. For transfers for which the 
valuation date is on or after May 1, 2009, special factors for 
determining the present value of a remainder interest following one 
life and an example describing the computation are contained in 
Internal Revenue Service Publication 1459, ``Actuarial Valuations 
Version 3C'' (2009). This publication is available, at no charge, 
electronically via the IRS Internet site at http://www.irs.gov. For 
transfers for which the valuation date is after April 30, 1999, and 
before May 1, 2009, special factors for determining the present value 
of a remainder interest following one life and an example describing 
the computation are contained in Internal Revenue Service Publication 
1459, ``Actuarial Values, Book Gimel,'' (7-99). For transfers for which 
the valuation date is after April 30, 1989, and before May 1, 1999, 
special factors for determining the present value of a remainder 
interest following one life and an example describing the computation 
are contained in Internal Revenue Service Publication 1459, ``Actuarial 
Values, Gamma Volume,'' (8-89). These publications are no longer 
available for purchase from the Superintendent of Documents, United 
States Government Printing Office. However, they may be obtained by 
requesting a copy from: CC:PA:LPD:PR (IRS Publication 1459), room 5205, 
Internal Revenue Service, P.O.Box 7604, Ben Franklin Station, 
Washington, DC 20044. See, however, Sec.  1.7520-3(b) (relating to 
exceptions to the use of prescribed tables under certain 
circumstances). Otherwise, in the case of the valuation of a remainder 
interest following one life, the special factor may be obtained through 
use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR10AU11.000

Where:

n = the estimated number of years of useful life,
i = the applicable interest rate under section 7520 of the Internal 
Revenue Code,
v = 1 divided by the sum of 1 plus the applicable interest rate 
under section 7520 of the Internal Revenue Code,
x = the age of the life tenant, and
lx = number of persons living at age x as set forth in Table 2000CM 
of Sec.  20.2031-7 of this chapter (or, for periods before May 1, 
2009, the tables set forth under Sec.  20.2031-7A).

    (3) The following example illustrates the provisions of this 
paragraph (b):
    Example. A, who is 62, donates to Y University a remainder 
interest in a personal residence, consisting of a house and land, 
subject to a reserved life estate in A. At the time of the gift, the 
land has a value of $30,000 and the house has a value of $100,000 
with an estimated useful life of 45 years, at the end of which 
period the value of the house is expected to be $20,000. The portion 
of the property considered to be depreciable is $80,000 (the value 
of the house ($100,000) less its expected value at the end of 45 
years ($20,000)). The portion of the property considered to be 
nondepreciable is $50,000 (the value of the land at the time of the 
gift ($30,000) plus the expected value of the house at the end of 45 
years ($20,000)). At the time of the gift, the interest rate 
prescribed under section 7520 is 8.4 percent. Based on an interest 
rate of 8.4 percent, the remainder factor for $1.00 prescribed in 
Sec.  20.2031-7(d) for a person age 62 is 0.26534. The value of the 
nondepreciable remainder interest is $13,267.00 (0.26534 times 
$50,000). The value of the depreciable remainder interest is 
$15,053.60 (0.18817, computed under the formula described in 
paragraph (b)(2) of this section, times

[[Page 49572]]

$80,000). Therefore, the value of the remainder interest is 
$28,320.60.
* * * * *
    (f) Effective/applicability date. This section applies to 
contributions made after July 31, 1969, except that paragraphs (b)(2) 
and (b)(3) apply to all contributions made on or after May 1, 2009.


Sec.  1.170A-12T  [Removed]

0
Par. 3. Section 1.170A-12T is removed.
0
Par. 4. Section 1.642(c)-6 is amended by revising paragraphs (d), (e), 
and (f) to read as follows:


Sec.  1.642(c)-6  Valuation of a remainder interest in property 
transferred to a pooled income fund.

* * * * *
    (d) Valuation. The present value of the remainder interest in 
property transferred to a pooled income fund on or after May 1, 2009, 
is determined under paragraph (e) of this section. The present value of 
the remainder interest in property transferred to a pooled income fund 
for which the valuation date is before May 1, 2009, is determined under 
the following sections:

----------------------------------------------------------------------------------------------------------------
                       Valuation dates
--------------------------------------------------------------               Applicable regulations
                    After                          Before
----------------------------------------------------------------------------------------------------------------
--...........................................        01-01-52  1.642(c)-6A(a).
12-31-51.....................................        01-01-71  1.642(c)-6A(b).
12-31-70.....................................        12-01-83  1.642(c)-6A(c).
11-30-83.....................................        05-01-89  1.642(c)-6A(d).
04-30-89.....................................        05-01-99  1.642(c)-6A(e).
04-30-99.....................................        05-01-09  1.642(c)-6A(f).
----------------------------------------------------------------------------------------------------------------

    (e) Present value of the remainder interest in the case of 
transfers to pooled income funds for which the valuation date is on or 
after May 1, 2009--(1) In general. In the case of transfers to pooled 
income funds for which the valuation date is on or after May 1, 2009, 
the present value of a remainder interest is determined under this 
section. See, however, Sec.  1.7520-3(b) (relating to exceptions to the 
use of prescribed tables under certain circumstances). The present 
value of a remainder interest that is dependent on the termination of 
the life of one individual is computed by the use of Table S in 
paragraph (e)(6) of this section. For purposes of the computations 
under this section, the age of an individual is the age at the 
individual's nearest birthday.
    (2) Transitional rules for valuation of transfers to pooled income 
funds. (i) For purposes of sections 2055, 2106, or 2624, if on May 1, 
2009, the decedent was mentally incompetent so that the disposition of 
the property could not be changed, and the decedent died on or after 
May 1, 2009, without having regained competency to dispose of the 
decedent's property, or the decedent died within 90 days of the date 
that the decedent first regained competency on or after May 1, 2009, 
the present value of a remainder interest is determined as if the 
valuation date with respect to the decedent's gross estate is either 
before or after May 1, 2009, at the option of the decedent's executor.
    (ii) For purposes of sections 170, 2055, 2106, 2522, or 2624, in 
the case of transfers to a pooled income fund for which the valuation 
date is on or after May 1, 2009, and before July 1, 2009, the present 
value of the remainder interest under this section is determined by use 
of the appropriate yearly rate of return for the month in which the 
valuation date occurs (see Sec. Sec.  1.7520-1(b) and 1.7520-2(a)(2)) 
and the appropriate actuarial tables under either paragraph (e)(6) of 
this section or Sec.  1.642(c)-6A(f)(6), at the option of the donor or 
the decedent's executor, as the case may be.
    (iii) For purposes of paragraphs (e)(2)(i) and (e)(2)(ii) of this 
section, where the donor or decedent's executor is given the option to 
use the appropriate actuarial tables under either paragraph (e)(6) of 
this section or Sec.  1.642(c)-6A(f)(6), the donor or decedent's 
executor must use the same actuarial table with respect to each 
individual transaction and with respect to all transfers occurring on 
the valuation date (for example, gift and income tax charitable 
deductions with respect to the same transfer must be determined based 
on the same tables, and all assets includible in the gross estate and/
or estate tax deductions claimed must be valued based on the same 
tables).
    (3) Present value of a remainder interest. The present value of a 
remainder interest in property transferred to a pooled income fund is 
computed on the basis of--
    (i) Life contingencies determined from the values of lx that are 
set forth in Table 2000CM in Sec.  20.2031-7(d)(7) of this chapter (see 
Sec.  20.2031-7A for certain prior periods); and
    (ii) Discount at a rate of interest, compounded annually, equal to 
the highest yearly rate of return of the pooled income fund for the 3 
taxable years immediately preceding its taxable year in which the 
transfer of property to the fund is made. For purposes of this 
paragraph (e), the yearly rate of return of a pooled income fund is 
determined as provided in paragraph (c) of this section unless the 
highest rate of return is deemed to be the rate described in paragraph 
(e)(4) of this section for funds in existence less than 3 taxable 
years. For purposes of this paragraph (e)(3)(ii), the first taxable 
year of a pooled income fund is considered a taxable year even though 
the taxable year consists of less than 12 months. However, appropriate 
adjustments must be made to annualize the rate of return earned by the 
fund for that period. Where it appears from the facts and circumstances 
that the highest yearly rate of return of the fund for the 3 taxable 
years immediately preceding the taxable year in which the transfer of 
property is made has been purposely manipulated to be substantially 
less than the rate of return that would otherwise be reasonably 
anticipated with the purpose of obtaining an excessive charitable 
deduction, that rate of return may not be used. In that case, the 
highest yearly rate of return of the fund is determined by treating the 
fund as a pooled income fund that has been in existence for less than 3 
preceding taxable years.
    (4) Pooled income funds in existence less than 3 taxable years. If 
a pooled income fund has been in existence less than 3 taxable years 
immediately preceding the taxable year in which the transfer is made to 
the fund and the transfer to the fund is made after April 30, 1989, the 
highest rate of return is deemed to be the interest rate (rounded to 
the nearest two-tenths of one percent) that is 1 percent less than the 
highest annual average of the monthly section 7520 rates for the 3 
calendar years

[[Page 49573]]

immediately preceding the calendar year in which the transfer to the 
pooled income fund is made. The deemed rate of return for transfers to 
new pooled income funds is recomputed each calendar year using the 
monthly section 7520 rates for the 3-year period immediately preceding 
the calendar year in which each transfer to the fund is made until the 
fund has been in existence for 3 taxable years and can compute its 
highest rate of return for the 3 taxable years immediately preceding 
the taxable year in which the transfer of property to the fund is made 
in accordance with the rules set forth in the first sentence of 
paragraph (e)(3)(ii) of this section.
    (5) Computation of value of remainder interest. (i) The factor that 
is used in determining the present value of a remainder interest that 
is dependent on the termination of the life of one individual is the 
factor from Table S in paragraph (e)(6) of this section under the 
appropriate yearly rate of return opposite the number that corresponds 
to the age of the individual upon whose life the value of the remainder 
interest is based (See Sec.  1.642(c)-6A for certain prior periods). 
The tables in paragraph (e)(6) of this section include factors for 
yearly rates of return from 0.2 to 14 percent. Many actuarial factors 
not contained in the tables in paragraph (e)(6) of this section are 
contained in Table S in Internal Revenue Service Publication 1457, 
``Actuarial Valuations Version 3A'' (2009). This publication is 
available, at no charge, electronically via the IRS Internet site at 
http://www.irs.gov. For other situations, see paragraph (b) of this 
section. If the yearly rate of return is a percentage that is between 
the yearly rates of return for which factors are provided, a linear 
interpolation must be made. The present value of the remainder interest 
is determined by multiplying the fair market value of the property on 
the valuation date by the appropriate remainder factor.
    (ii) This paragraph (e)(5) may be illustrated by the following 
example:
    Example. A, who is 54 years and 8 months, transfers $100,000 to 
a pooled income fund, and retains a life income interest in the 
property. The highest yearly rate of return earned by the fund for 
its 3 preceding taxable years is 9.47 percent. In Table S, the 
remainder factor opposite 55 years under 9.4 percent is .16192 and 
under 9.6 percent is .15755. The present value of the remainder 
interest is $16,039.00, computed as follows:
[GRAPHIC] [TIFF OMITTED] TR10AU11.001

    (6) Actuarial tables. In the case of transfers for which the 
valuation date is on or after May 1, 2009, the present value of a 
remainder interest dependent on the termination of one life in the case 
of a transfer to a pooled income fund is determined by use of the 
following Table S:
BILLING CODE 4830-01-P

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[GRAPHIC] [TIFF OMITTED] TR10AU11.022

BILLING CODE 4830-01-C

[[Page 49595]]

    (f) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  1.642(c)-6T  [Removed]

0
Par. 5. Section 1.642(c)-6T is removed.
0
Par. 6. Section 1.664-2 is amended by revising paragraphs (c) and (e) 
as follows:


Sec.  1.664-2  Charitable remainder annuity trust.

* * * * *
    (c) Calculation of the fair market value of the remainder interest 
of a charitable remainder annuity trust. For purposes of sections 170, 
2055, 2106, and 2522, the fair market value of the remainder interest 
of a charitable remainder annuity trust (as described in this section) 
is the net fair market value (as of the appropriate valuation date) of 
the property placed in trust less the present value of the annuity. For 
purposes of this section, valuation date means, in general, the date on 
which the property is transferred to the trust by the donor regardless 
of when the trust is created. In the case of transfers to a charitable 
remainder annuity trust for which the valuation date is after April 30, 
1989, if an election is made under section 7520 and Sec.  1.7520-2(b) 
to compute the present value of the charitable interest by use of the 
interest rate component for either of the 2 months preceding the month 
in which the transfer is made, the month so elected is the valuation 
date for purposes of determining the interest rate and mortality 
tables. For purposes of section 2055 or 2106, the valuation date is the 
date of death unless the alternate valuation date is elected in 
accordance with section 2032 in which event, and within the limitations 
set forth in section 2032 and the regulations under that section, the 
valuation date is the alternate valuation date. If the decedent's 
estate elects the alternate valuation date under section 2032 and also 
elects, under section 7520 and Sec.  1.7520-2(b), to use the interest 
rate component for one of the 2 months preceding the alternate 
valuation date, the month so elected is the valuation date for purposes 
of determining the interest rate and mortality tables. The present 
value of an annuity is computed under Sec.  20.2031-7(d) of this 
chapter for transfers for which the valuation date is on or after May 
1, 2009, or under Sec.  20.2031-7A(a) through (f), whichever is 
applicable, for transfers for which the valuation date is before May 1, 
2009. See, however, Sec.  1.7520-3(b) (relating to exceptions to the 
use of prescribed tables under certain circumstances).
* * * * *
    (e) Effective/applicability date. Paragraph (c) applies after April 
30, 1989.


0
Par. 7. Section 1.664-4 is amended by:
0
1. Revising paragraphs (a)(1) and (d).
0
2. Revising the heading for paragraph (e) and revising paragraphs 
(e)(1), (e)(2), (e)(5), (e)(7) and (f).
    The revisions read as follows:


Sec.  1.664-4  Calculation of the fair market value of the remainder 
interest in a charitable remainder unitrust.

    (a) * * *
    (1) Life contingencies determined as to each life involved, from 
the values of lx set forth in Table 2000CM contained in Sec.  20.2031-
7(d)(7) of this chapter in the case of transfers for which the 
valuation date is on or after May 1, 2009; or from Table 90CM contained 
in Sec.  20.2031-7A(f)(4) in the case of transfers for which the 
valuation date is after April 30, 1999, and before May 1, 2009. See 
Sec.  20.2031-7A(a) through (e), whichever is applicable, for transfers 
for which the valuation date is before May 1, 1999;
* * * * *
    (d) Valuation. The fair market value of a remainder interest in a 
charitable remainder unitrust (as described in Sec.  1.664-3) for 
transfers for which the valuation date is on or after May 1, 2009, is 
its present value determined under paragraph (e) of this section. The 
fair market value of a remainder interest in a charitable remainder 
unitrust (as described in Sec.  1.664-3) for transfers for which the 
valuation date is before May 1, 2009, is its present value determined 
under the following sections:

------------------------------------------------------------------------
                     Valuation dates
---------------------------------------------------------   Applicable
                   After                        Before      regulations
------------------------------------------------------------------------
--.........................................     01-01-52     1.664-4A(a)
12-31-51...................................     01-01-71     1.664-4A(b)
12-31-70...................................     12-01-83     1.664-4A(c)
11-30-83...................................     05-01-89     1.664-4A(d)
04-30-89...................................     05-01-99     1.664-4A(e)
04-30-99...................................     05-01-09     1.664-4A(f)
------------------------------------------------------------------------

    (e) Valuation of charitable remainder unitrusts having certain 
payout sequences for transfers for which the valuation date is on or 
after May 1, 2009--(1) In general. Except as otherwise provided in 
paragraph (e)(2) of this section, in the case of transfers for which 
the valuation date is on or after May 1, 2009, the present value of a 
remainder interest is determined under paragraphs (e)(3) through (e)(7) 
of this section, provided that the amount of the payout as of any 
payout date during any taxable year of the trust is not larger than the 
amount that the trust could distribute on such date under Sec.  1.664-
3(a)(1)(v) if the taxable year of the trust were to end on such date. 
See, however, Sec.  1.7520-3(b) (relating to exceptions to the use of 
the prescribed tables under certain circumstances).
    (2) Transitional rules for valuation of charitable remainder 
unitrusts. (i) For purposes of sections 2055, 2106, or 2624, if on May 
1, 2009, the decedent was mentally incompetent so that the disposition 
of the property could not be changed, and the decedent died on or after 
May 1, 2009, without having regained competency to dispose of the 
decedent's property, or the decedent died within 90 days of the date 
that the decedent first regained competency on or after May 1, 2009, 
the present value of a remainder interest under this section is 
determined as if the valuation date with respect to the decedent's 
gross estate is either before or after May 1, 2009, at the option of 
the decedent's executor.
    (ii) For purposes of sections 170, 2055, 2106, 2522, or 2624, in 
the case of transfers to a charitable remainder unitrust for which the 
valuation date is on or after May 1, 2009, and before July 1, 2009, the 
present value of a remainder interest based on one or more measuring 
lives is determined under this section by use of the section 7520 
interest rate for the month in which the valuation date occurs (see 
Sec. Sec.  1.7520-1(b) and 1.7520-2(a)(2)) and the appropriate 
actuarial tables under either paragraph (e)(7) of this section or Sec.  
1.664-4A(f)(6), at the option of the donor or the decedent's executor, 
as the case may be.
    (iii) For purposes of paragraphs (e)(2)(i) and (e)(2)(ii) of this 
section, where the donor or decedent's executor is given the option to 
use the appropriate actuarial tables under either paragraph (e)(7) of 
this section or Sec.  1.664-4A(f)(6), the donor or decedent's executor 
must use the same actuarial table with respect to each individual 
transaction and with respect to all transfers occurring on the 
valuation date (for example, gift and income tax charitable deductions 
with respect to the same transfer must be determined based on the same 
tables, and all assets includible in the gross estate and/or estate tax 
deductions claimed must be valued based on the same tables).
* * * * *
    (5) Period is the life of one individual. (i) If the period 
described in Sec.  1.664-

[[Page 49596]]

3(a)(5) is the life of one individual, the factor that is used in 
determining the present value of the remainder interest for transfers 
for which the valuation date is on or after May 1, 2009, is the factor 
in Table U(1) in paragraph (e)(7) of this section under the appropriate 
adjusted payout. For purposes of the computations described in this 
paragraph (e)(5), the age of an individual is the age of that 
individual at the individual's nearest birthday. If the adjusted payout 
rate is an amount that is between adjusted payout rates for which 
factors are provided in the appropriate table, a linear interpolation 
must be made. The present value of the remainder interest is determined 
by multiplying the net fair market value (as of the valuation date as 
determined in paragraph (e)(4) of this section) of the property placed 
in trust by the factor determined under this paragraph (e)(5). If the 
adjusted payout rate is between 4.2 and 14 percent, see paragraph 
(e)(7) of this section. If the adjusted payout rate is below 4.2 
percent or greater than 14 percent, see paragraph (b) of this section.
    (ii) The application of paragraph (e)(5)(i) of this section may be 
illustrated by the following example:

    Example. A, who is 44 years and 11 months old, transfers 
$100,000 to a charitable remainder unitrust on January 1st. The 
trust instrument requires that the trust pay to A semiannually (on 
June 30 and December 31) 8 percent of the fair market value of the 
trust assets as of January 1st during A's life. The section 7520 
rate for January is 6.6 percent. Under Table F(6.6) in paragraph 
(e)(6) of this section, the appropriate adjustment factor is .953317 
for semiannual payments payable at the end of the semiannual period. 
The adjusted payout rate is 7.627% (8% x .953317). Based on the 
remainder factors in Table U(1) in this section, the present value 
of the remainder interest is $11,075.00, computed as follows:
[GRAPHIC] [TIFF OMITTED] TR10AU11.023

* * * * *
    (7) Actuarial Table U(1) for transfers for which the valuation date 
is on or after May 1, 2009. For transfers for which the valuation date 
is on or after May 1, 2009, the present value of a charitable remainder 
unitrust interest that is dependent on the termination of a life 
interest is determined by using the section 7520 rate, Table U(1) in 
this paragraph (e)(7) and Table F(4.2) through (14.0) in paragraph 
(e)(6) of this section. See, however, Sec.  1.7520-3(b) (relating to 
exceptions to the use of prescribed tables under certain 
circumstances). Many actuarial factors not contained in the following 
tables are contained in Internal Revenue Service Publication 1458, 
``Actuarial Valuations Version 3B'' (2009). This publication is 
available, at no charge, electronically via the IRS Internet site at 
http://www.irs.gov.
BILLING CODE 4830-01-P

[[Page 49597]]

[GRAPHIC] [TIFF OMITTED] TR10AU11.024


[[Page 49598]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.025


[[Page 49599]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.026


[[Page 49600]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.027


[[Page 49601]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.028


[[Page 49602]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.029


[[Page 49603]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.030


[[Page 49604]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.031


[[Page 49605]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.032


[[Page 49606]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.033


[[Page 49607]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.034


[[Page 49608]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.035


[[Page 49609]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.036


[[Page 49610]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.037


[[Page 49611]]


[GRAPHIC] [TIFF OMITTED] TR10AU11.038

BILLING CODE 4830-01-C
    (f) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  1.664-4T  [Removed]

0
Par. 8. Section 1.664-4T is removed.

0
Par. 9. Section 1.7520-1 is amended by revising the section heading and 
revising paragraphs (a)(1), (a)(2), (b)(2), (c)(1), (c)(2) and (d) to 
read as follows:


Sec.  1.7520-1  Valuation of annuities, unitrust interests, interests 
for life or terms of years, and remainder or reversionary interests.

    (a) General actuarial valuations. (1) Except as otherwise provided 
in this section and in Sec.  1.7520-3 (relating to exceptions to the 
use of prescribed tables under certain circumstances), in the case of 
certain transactions after April 30, 1989, subject to income tax, the 
fair market value of annuities, interests for life or for a term of 
years (including unitrust interests), remainders, and reversions is 
their present value determined under this

[[Page 49612]]

section. See Sec.  20.2031-7(d) of this chapter (and, for periods prior 
to May 1, 2009, Sec.  20.2031-7A) for the computation of the value of 
annuities, unitrust interests, life estates, terms for years, 
remainders, and reversions, other than interests described in 
paragraphs (a)(2) and (a)(3) of this section.
    (2) For a transfer to a pooled income fund, see Sec.  1.642(c)-6(e) 
(or, for periods prior to May 1, 2009, Sec.  1.642(c)-6A) with respect 
to the valuation of the remainder interest.
* * * * *
    (b) * * *
    (2) Mortality component. The mortality component reflects the 
mortality data most recently available from the United States census. 
As new mortality data becomes available after each decennial census, 
the mortality component described in this section will be revised and 
the revised mortality component tables will be published in the 
regulations at that time. For transactions with valuation dates on or 
after May 1, 2009, the mortality component table (Table 2000CM) is 
contained in Sec.  20.2031-7(d)(7) of this chapter. See Sec.  20.2031-
7A for mortality component tables applicable to transactions for which 
the valuation date falls before May 1, 2009.
    (c) * * *
    (1) Regulation sections containing tables with interest rates 
between 0.2 and 14 percent for valuation dates on or after May 1, 2009. 
Section 1.642(c)-6(e)(6) contains Table S used for determining the 
present value of a single life remainder interest in a pooled income 
fund as defined in Sec.  1.642(c)-5. See Sec.  1.642(c)-6A for 
actuarial factors for one life applicable to valuation dates before May 
1, 2009. Section 1.664-4(e)(6) contains Table F (payout factors) and 
Table D (actuarial factors used in determining the present value of a 
remainder interest postponed for a term of years). Section 1.664-
4(e)(7) contains Table U(1) (unitrust single life remainder factors). 
These tables are used in determining the present value of a remainder 
interest in a charitable remainder unitrust as defined in Sec.  1.664-
3. See Sec.  1.664-4A for unitrust single life remainder factors 
applicable to valuation dates before May 1, 2009. Section 20.2031-
7(d)(6) of this chapter contains Table B (actuarial factors used in 
determining the present value of an interest for a term of years), 
Table J (term certain annuity beginning-of-interval adjustment 
factors), and Table K (annuity end-of-interval adjustment factors). 
Section 20.2031-7(d)(7) contains Table S (single life remainder 
factors), and Table 2000CM (mortality components). These tables are 
used in determining the present value of annuities, life estates, 
remainders, and reversions. See Sec.  20.2031-7A for single life 
remainder factors for one life and mortality components applicable to 
valuation dates before May 1, 2009.
    (2) Internal Revenue Service publications containing tables with 
interest rates between 0.2 and 22 percent for valuation dates on or 
after May 1, 2009. The following documents are available, at no charge, 
electronically via the IRS Internet site at http://www.irs.gov:
    (i) Internal Revenue Service Publication 1457, ``Actuarial 
Valuations Version 3A'' (2009). This publication includes tables of 
valuation factors, as well as examples that show how to compute other 
valuation factors, for determining the present value of annuities, life 
estates, terms of years, remainders, and reversions, measured by one or 
two lives. These factors must also be used in the valuation of 
interests in a charitable remainder annuity trust as defined in Sec.  
1.664-2 and a pooled income fund as defined in Sec.  1.642(c)-5.
    (ii) Internal Revenue Service Publication 1458, ``Actuarial 
Valuations Version 3B'' (2009). This publication includes term certain 
tables and tables of one and two life valuation factors for determining 
the present value of remainder interests in a charitable remainder 
unitrust as defined in Sec.  1.664-3.
    (iii) Internal Revenue Service Publication 1459, ``Actuarial 
Valuations Version 3C'' (2009). This publication includes tables for 
computing depreciation adjustment factors. See Sec.  1.170A-12.
    (d) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  1.7520-1T  [Removed]

0
Par. 10. Section 1.7520-1T is removed.
0
Par. 10A. For each section listed in the table below, remove the 
language in the ``Remove'' column and add in its place the language in 
the ``Add'' column as set forth below:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
Sec.   1.170A-12(e)(2),       Sec.   20.2031-7T...  Sec.   20.2031-7.
 following the formula.
Sec.   1.642(c)-              Sec.   1.642(c)-      Sec.   1.642(c)-
 6A(f)(3)(ii), last sentence.  6T(e)(3)(ii).         6(e)(3)(ii).
Sec.   1.642(c)-6A(f)(4)....  Sec.   1.642(c)-      Sec.   1.642(c)-
                               6T(e)(4).             6(e)(4).
Sec.   1.642(c)-6A(f)(5),     Sec.   1.642(c)-      Sec.   1.642(c)-
 last sentence.                6T(e)(5).             6(e)(5).
Sec.   1.664-1(a)(6),         Sec.  Sec.   1.664-   Sec.  Sec.   1.664-
 introductory text.            4T(e).                4(e).
Sec.   1.664-4(e)(6), second  Sec.   1.664-         Paragraph (e)(5) of
 sentence.                     4T(e)(5).             this section.
Sec.   1.664-4A(f)(5),        Sec.   1.664-         Sec.   1.664-
 fourth sentence.              4T(e)(5).             4(e)(5).
Sec.   1.664-4A(f)(5), last   Sec.   1.664-         Sec.   1.664-
 sentence.                     4T(e)(5).             4(e)(5).
------------------------------------------------------------------------

PART 20--ESTATE TAX; ESTATES OF DECEDENTS DYING AFTER AUGUST 16, 
1954

0
Par. 11. The authority citation for part 20 is amended by removing 
entries for 20.2031-7T and 20.7520-1T to read as follows:

    Authority:  26 U.S.C. 7805 * * *


0
Par. 12. Section 20.2031-0 is amended by removing the entry for Sec.  
20.2031-7T from the table.
0
Par. 13. Section 20.2031-7 is amended by revising paragraphs (c), 
(d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(7), and (e) to read as 
follows:


Sec.  20.2031-7  Valuation of annuities, interests for life or term of 
years, and remainder or reversionary interests.

* * * * *
    (c) Actuarial valuations. The present value of annuities, life 
estates, terms of years, remainders, and reversions for estates of 
decedents for which the valuation date of the gross estate is on or 
after May 1, 2009, is determined under paragraph (d) of this section. 
The present value of annuities, life estates, terms of years, 
remainders, and reversions for estates of decedents for which the 
valuation date of the gross estate is before May 1, 2009, is determined 
under the following sections:

[[Page 49613]]



------------------------------------------------------------------------
                   Valuation date
----------------------------------------------------      Applicable
              After                     Before           regulations
------------------------------------------------------------------------
--...............................  01-01-52........  20.2031-7A(a).
12-31-51.........................  01-01-71........  20.2031-7A(b).
12-31-70.........................  12-01-83........  20.2031-7A(c).
11-30-83.........................  05-01-89........  20.2031-7A(d).
04-30-89.........................  05-01-99........  20.2031-7A(e).
04-30-99.........................  05-01-09........  20.2031-7A(f).
------------------------------------------------------------------------

    (d) Actuarial valuations on or after May 1, 2009--(1) In general. 
Except as otherwise provided in paragraph (b) of this section and Sec.  
20.7520-3(b) (pertaining to certain limitations on the use of 
prescribed tables), if the valuation date for the gross estate of the 
decedent is on or after May 1, 2009, the fair market value of 
annuities, life estates, terms of years, remainders, and reversionary 
interests is the present value determined by use of standard or special 
section 7520 actuarial factors. These factors are derived by using the 
appropriate section 7520 interest rate and, if applicable, the 
mortality component for the valuation date of the interest that is 
being valued. For purposes of the computations described in this 
section, the age of an individual is the age of that individual at the 
individual's nearest birthday. See Sec. Sec.  20.7520-1 through 
20.7520-4.
    (2) Specific interests--(i) Charitable remainder trusts. The fair 
market value of a remainder interest in a pooled income fund, as 
defined in Sec.  1.642(c)-5 of this chapter, is its value determined 
under Sec.  1.642(c)-6(e). The fair market value of a remainder 
interest in a charitable remainder annuity trust, as defined in Sec.  
1.664-2(a), is the present value determined under Sec.  1.664-2(c). The 
fair market value of a remainder interest in a charitable remainder 
unitrust, as defined in Sec.  1.664-3, is its present value determined 
under Sec.  1.664-4(e). The fair market value of a life interest or 
term of years in a charitable remainder unitrust is the fair market 
value of the property as of the date of valuation less the fair market 
value of the remainder interest on that date determined under Sec.  
1.664-4(e)(4) and (5).
    (ii) Ordinary remainder and reversionary interests. If the interest 
to be valued is to take effect after a definite number of years or 
after the death of one individual, the present value of the interest is 
computed by multiplying the value of the property by the appropriate 
remainder interest actuarial factor (that corresponds to the applicable 
section 7520 interest rate and remainder interest period) in Table B 
(for a term certain) or in Table S (for one measuring life), as the 
case may be. Table B is contained in paragraph (d)(6) of this section 
and Table S (for one measuring life when the valuation date is on or 
after May 1, 2009) is contained in paragraph (d)(7) of this section and 
in Internal Revenue Service Publication 1457. See Sec.  20.2031-7A 
containing Table S for valuation of interests before May 1, 2009. For 
information about obtaining actuarial factors for other types of 
remainder interests, see paragraph (d)(4) of this section.
    (iii) Ordinary term-of-years and life interests. If the interest to 
be valued is the right of a person to receive the income of certain 
property, or to use certain nonincome-producing property, for a term of 
years or for the life of one individual, the present value of the 
interest is computed by multiplying the value of the property by the 
appropriate term-of-years or life interest actuarial factor (that 
corresponds to the applicable section 7520 interest rate and term-of-
years or life interest period). Internal Revenue Service Publication 
1457 includes actuarial factors for a remainder interest after a term 
of years in Table B and after the life of one individual in Table S 
(for one measuring life when the valuation date is on or after May 1, 
2009). However, term-of-years and life interest actuarial factors are 
not included in Table B in paragraph (d)(6) of this section or Table S 
in paragraph (d)(7) of this section (or in Sec.  20.2031-7A). If 
Internal Revenue Service Publication 1457 (or any other reliable source 
of term-of-years and life interest actuarial factors) is not 
conveniently available, an actuarial factor for the interest may be 
derived mathematically. This actuarial factor may be derived by 
subtracting the correlative remainder factor (that corresponds to the 
applicable section 7520 interest rate and the term of years or the 
life) in Table B (for a term of years) in paragraph (d)(6) of this 
section or in Table S (for the life of one individual) in paragraph 
(d)(7) of this section, as the case may be, from 1.000000. For 
information about obtaining actuarial factors for other types of term-
of-years and life interests, see paragraph (d)(4) of this section.
    (iv) Annuities. (A) If the interest to be valued is the right of a 
person to receive an annuity that is payable at the end of each year 
for a term of years or for the life of one individual, the present 
value of the interest is computed by multiplying the aggregate amount 
payable annually by the appropriate annuity actuarial factor (that 
corresponds to the applicable section 7520 interest rate and annuity 
period). Internal Revenue Publication 1457 includes actuarial factors 
for a remainder interest in Table B (after an annuity payable for a 
term of years) and in Table S (after an annuity payable for the life of 
one individual when the valuation date is on or after May 1, 2009). 
However, annuity actuarial factors are not included in Table B in 
paragraph (d)(6) of this section or Table S in paragraph (d)(7) of this 
section (or in Sec.  20.2031-7A). If Internal Revenue Service 
Publication 1457 (or any other reliable source of annuity actuarial 
factors) is not conveniently available, a required annuity factor for a 
term of years or for one life may be mathematically derived. This 
annuity factor may be derived by subtracting the applicable remainder 
factor (that corresponds to the applicable section 7520 interest rate 
and annuity period) in Table B (in the case of a term-of-years annuity) 
in paragraph (d)(6) of this section or in Table S (in the case of a 
one-life annuity when the valuation date is on or after May 1, 2009) in 
paragraph (d)(7) of this section, as the case may be, from 1.000000 and 
then dividing the result by the applicable section 7520 interest rate 
expressed as a decimal number.
    (B) If the annuity is payable at the end of semiannual, quarterly, 
monthly, or weekly periods, the product obtained by multiplying the 
annuity factor by the aggregate amount payable annually is then 
multiplied by the applicable adjustment factor as contained in Table K 
in paragraph (d)(6) of this section for payments made at the end of the 
specified periods. The provisions of this paragraph (d)(2)(iv)(B) are 
illustrated by the following example:

    Example. At the time of the decedent's death, the survivor/
annuitant, age 72, is

[[Page 49614]]

entitled to receive an annuity of $15,000 a year for life payable in 
equal monthly installments at the end of each period. The section 
7520 rate for the month in which the decedent died is 5.6 percent. 
Under Table S in paragraph (d)(7) of this section, the remainder 
factor at 5.6 percent for an individual aged 72 is .53243. By 
converting the remainder factor to an annuity factor, as described 
above, the annuity factor at 5.6 percent for an individual aged 72 
is 8.3495 (1.000000 minus .53243, divided by .056). Under Table K in 
paragraph (d)(6) of this section, the adjustment factor under the 
column for payments made at the end of each monthly period at the 
rate of 5.6 percent is 1.0254. The aggregate annual amount, $15,000, 
is multiplied by the factor 8.3495 and the product is multiplied by 
1.0254. The present value of the annuity at the date of the 
decedent's death is, therefore, $128,423.66 ($15,000 x 8.3495 x 
1.0254).

    (C) If an annuity is payable at the beginning of annual, 
semiannual, quarterly, monthly, or weekly periods for a term of years, 
the value of the annuity is computed by multiplying the aggregate 
amount payable annually by the annuity factor described in paragraph 
(d)(2)(iv)(A) of this section, and the product so obtained is then 
multiplied by the adjustment factor in Table J in paragraph (d)(6) of 
this section at the appropriate interest rate component for payments 
made at the beginning of specified periods. If an annuity is payable at 
the beginning of annual, semiannual, quarterly, monthly, or weekly 
periods for one or more lives, the value of the annuity is the sum of 
the first payment plus the present value of a similar annuity, the 
first payment of which is not to be made until the end of the payment 
period, determined as provided in this paragraph (d)(2)(iv).
    (v) Annuity and unitrust interests for a term of years or until the 
prior death of an individual. See Sec.  25.2512-5(d)(2)(v) of this 
chapter for examples explaining how to compute the present value of an 
annuity or unitrust interest that is payable until the earlier of the 
lapse of a specific number of years or the death of an individual.
    (3) Transitional rule. (i) If a decedent dies on or after May 1, 
2009, and if on May 1, 2009, the decedent was mentally incompetent so 
that the disposition of the decedent's property could not be changed, 
and the decedent dies without having regained competency to dispose of 
the decedent's property or dies within 90 days of the date on which the 
decedent first regains competency, the fair market value of annuities, 
life estates, terms for years, remainders, and reversions included in 
the gross estate of the decedent is their present value determined 
either under this section or under the corresponding section applicable 
at the time the decedent became mentally incompetent, at the option of 
the decedent's executor. For examples, see Sec.  20.2031-7A(d).
    (ii) If a decedent dies on or after May 1, 2009, and before July 1, 
2009, the fair market value of annuities, life estates, remainders, and 
reversions based on one or more measuring lives included in the gross 
estate of the decedent is their present value determined under this 
section by use of the section 7520 interest rate for the month in which 
the valuation date occurs (see Sec. Sec.  20.7520-1(b) and 20.7520-
2(a)(2)) and the appropriate actuarial tables under either paragraph 
(d)(7) of this section or Sec.  20.2031-7A(f)(4), at the option of the 
decedent's executor.
    (iii) For purposes of paragraphs (d)(3)(i) and (d)(3)(ii) of this 
section, where the decedent's executor is given the option to use the 
appropriate actuarial tables under either paragraph (d)(7) of this 
section or Sec.  20.2031-7A(f)(4), the decedent's executor must use the 
same actuarial table with respect to each individual transaction and 
with respect to all transfers occurring on the valuation date. For 
example, gift and income tax charitable deductions with respect to the 
same transfer must be determined based on the same tables, and all 
assets includible in the gross estate and/or estate tax deductions 
claimed must be valued based on the same tables.
    (4) Publications and actuarial computations by the Internal Revenue 
Service. Many standard actuarial factors not included in paragraph 
(d)(6) or (d)(7) of this section are included in Internal Revenue 
Service Publication 1457, ``Actuarial Valuations Version 3A'' (2009). 
Publication 1457 also includes examples that illustrate how to compute 
many special factors for more unusual situations. This publication is 
available, at no charge, electronically via the Internal Revenue 
Service Internet site at http://www.irs.gov. If a special factor is 
required in the case of an actual decedent, the Internal Revenue 
Service may furnish the factor to the executor upon a request for a 
ruling. The request for a ruling must be accompanied by a recitation of 
the facts including a statement of the date of birth for each measuring 
life, the date of the decedent's death, any other applicable dates, and 
a copy of the will, trust, or other relevant documents. A request for a 
ruling must comply with the instructions for requesting a ruling 
published periodically in the Internal Revenue Bulletin (see Sec. Sec.  
601.201 and 601.601(d)(2)(ii)(b) of this chapter) and must include 
payment of the required user fee.
    (5) Examples. The provisions of this section are illustrated by the 
following examples:

    Example 1. Remainder payable at an individual's death. The 
decedent, or the decedent's estate, was entitled to receive certain 
property worth $50,000 upon the death of A, to whom the income was 
bequeathed for life. At the time of the decedent's death, A was 47 
years and 5 months old. In the month in which the decedent died, the 
section 7520 rate was 6.2 percent. Under Table S in paragraph (d)(7) 
of this section, the remainder factor at 6.2 percent for determining 
the present value of the remainder interest due at the death of a 
person aged 47, the number of years nearest A's actual age at the 
decedent's death, is .18672. The present value of the remainder 
interest at the date of the decedent's death is, therefore, 
$9,336.00 ($50,000 x .18672).
    Example 2.  Income payable for an individual's life. A's parent 
bequeathed an income interest in property to A for life, with the 
remainder interest passing to B at A's death. At the time of the 
parent's death, the value of the property was $50,000 and A was 30 
years and 10 months old. The section 7520 rate at the time of the 
parent's death was 6.2 percent. Under Table S in paragraph (d)(7) of 
this section, the remainder factor at 6.2 percent for determining 
the present value of the remainder interest due at the death of a 
person aged 31, the number of years closest to A's age at the 
decedent's death, is .08697. Converting this remainder factor to an 
income factor, as described in paragraph (d)(2)(iii) of this 
section, the factor for determining the present value of an income 
interest for the life of a person aged 31 is .91303. The present 
value of A's interest at the time of the parent's death is, 
therefore, $45,651.50 ($50,000 x .91303).
    Example 3. Annuity payable for an individual's life. A purchased 
an annuity for the benefit of both A and B. Under the terms of the 
annuity contract, at A's death, a survivor annuity of $10,000 per 
year payable in equal semiannual installments made at the end of 
each interval is payable to B for life. At A's death, B was 45 years 
and 7 months old. Also, at A's death, the section 7520 rate was 4.8 
percent. Under Table S in paragraph (d)(7) of this section, the 
factor at 4.8 percent for determining the present value of the 
remainder interest at the death of a person age 46 (the number of 
years nearest B's actual age) is .24774. By converting the factor to 
an annuity factor, as described in paragraph (d)(2)(iv)(A) of this 
section, the factor for the present value of an annuity payable 
until the death of a person age 46 is 15.6721 (1.000000 minus 
.24774, divided by .048). The adjustment factor from Table K in 
paragraph (d)(6) of this section at an interest rate of 4.8 percent 
for semiannual annuity payments made at the end of the period is 
1.0119. The present value of the annuity at the date of A's death 
is, therefore, $158,585.98 ($10,000 x 15.6721 x 1.0119).
    Example 4. Annuity payable for a term of years. The decedent, or 
the decedent's estate, was entitled to receive an annuity of $10,000 
per year payable in equal quarterly installments at the end of each 
quarter

[[Page 49615]]

throughout a term certain. At the time of the decedent's death, the 
section 7520 rate was 9.8 percent. A quarterly payment had been made 
immediately prior to the decedent's death and payments were to 
continue for 5 more years. Under Table B in paragraph (d)(6) of this 
section for the interest rate of 9.8 percent, the factor for the 
present value of a remainder interest due after a term of 5 years is 
.626597. Converting the factor to an annuity factor, as described in 
paragraph (d)(2)(iv)(A) of this section, the factor for the present 
value of an annuity for a term of 5 years is 3.8102 (1.000000 minus 
.626597, divided by .098). The adjustment factor from Table K in 
paragraph (d)(6) of this section at an interest rate of 9.8 percent 
for quarterly annuity payments made at the end of the period is 
1.0360. The present value of the annuity is, therefore, $39,473.67 
($10,000 x 3.8102 x 1.0360).
* * * * *
    (7) Actuarial Table S and Table 2000CM where the valuation date is 
on or after May 1, 2009. Except as provided in Sec.  20.7520-2(b) 
(pertaining to certain limitations on the use of prescribed tables), 
for determination of the present value of an interest that is dependent 
on the termination of a life interest, Table 2000CM and Table S (single 
life remainder factors applicable where the valuation date is on or 
after May 1, 2009) contained in this paragraph (d)(7) and Table J and 
Table K contained in paragraph (d)(6) of this section, must be used in 
the application of the provisions of this section when the section 7520 
interest rate component is between 0.2 and 14 percent.
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[[Page 49637]]


    (e) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  20.2031-7T  [Removed]

0
Par. 14. Section 20.2031-7T is removed.


Sec.  20.2031-7A  [Amended]

0
Par. 14A. Section 20.2031-7A(f)(1) is amended by removing ``Sec.  
20.2031-7T(d)'' from the first sentence and adding ``Sec.  20.2031-
7(d)'' in its place.
0
Par. 15. Section 20.2055-2 is amended by:
0
1. Revising the heading in paragraph (e)(3) and revising paragraphs 
(e)(3)(iii) and (f)(4).
0
2. Adding paragraph (f)(6).
    The revisions and addition read as follows:


Sec.  20.2055-2  Transfers not exclusively for charitable purposes.

* * * * *
    (e) * * *
    (3) Effective/applicability date. * * *
    (iii) The rule in paragraphs (e)(2)(vi)(a) and (e)(2)(vii)(a) of 
this section that guaranteed annuity interests or unitrust interests, 
respectively, may be payable for a specified term of years or for the 
life or lives of only certain individuals is generally effective in the 
case of transfers pursuant to wills and revocable trusts when the 
decedent dies on or after April 4, 2000. Two exceptions from the 
application of this rule in paragraphs (e)(2)(vi)(a) and(e)(2)(vii)(a) 
of this section are provided in the case of transfers pursuant to a 
will or revocable trust executed before April 4, 2000. One exception is 
for a decedent who dies on or before July 5, 2001, without having 
republished the will (or amended the trust) by codicil or otherwise. 
The other exception is for a decedent who was on April 4, 2000, under a 
mental disability that prevented a change in the disposition of the 
decedent's property, and who either does not regain competence to 
dispose of such property before the date of death, or dies prior to the 
later of 90 days after the date on which the decedent first regains 
competence, or July 5, 2001, without having republished the will (or 
amended the trust) by codicil or otherwise. If a guaranteed annuity 
interest or unitrust interest created pursuant to a will or revocable 
trust of a decedent dying on or after April 4, 2000, uses an individual 
other than one permitted in paragraphs (e)(2)(vi)(a) and (e)(2)(vii)(a) 
of this section, and the interest does not qualify for this 
transitional relief, the interest may be reformed into a lead interest 
payable for a specified term of years. The term of years is determined 
by taking the factor for valuing the annuity or unitrust interest for 
the named individual measuring life and identifying the term of years 
(rounded up to the next whole year) that corresponds to the equivalent 
term of years factor for an annuity or unitrust interest. For example, 
in the case of an annuity interest payable for the life of an 
individual age 40 at the time of the transfer on or after May 1, 2009, 
assuming an interest rate of 7.4 percent under section 7520, the 
annuity factor from column 1 of Table S(7.4), contained in IRS 
Publication 1457, ``Actuarial Valuations Version 3A'', for the life of 
an individual age 40 is 12.1519 (1.000000 minus .10076, divided by 
.074). Based on Table B(7.4), contained in Publication 1457, 
``Actuarial Valuations Version 3A'', the factor 12.1519 corresponds to 
a term of years between 32 and 33 years. Accordingly, the annuity 
interest must be reformed into an interest payable for a term of 33 
years. A judicial reformation must be commenced prior to the later of 
July 5, 2001, or the date prescribed by section 2055(e)(3)(C)(iii). Any 
judicial reformation must be completed within a reasonable time after 
it is commenced. A non-judicial reformation is permitted if effective 
under state law, provided it is completed by the date on which a 
judicial reformation must be commenced. In the alternative, if a court, 
in a proceeding that is commenced on or before July 5, 2001, declares 
any transfer made pursuant to a will or revocable trust where the 
decedent dies on or after April 4, 2000, and on or before March 6, 
2001, null and void ab initio, the Internal Revenue Service will treat 
such transfers in a manner similar to that described in section 
2055(e)(3)(J).
* * * * *
    (f) * * *
    (4) Other decedents. The present value of an interest not described 
in paragraph (f)(2) of this section is to be determined under Sec.  
20.2031-7(d) in the case of decedents where the valuation date of the 
gross estate is on or after May 1, 2009, or under Sec.  20.2031-7A in 
the case of decedents where the valuation date of the gross estate is 
before May 1, 2009.
* * * * *
    (6) Effective/applicability date. Paragraphs (e)(3)(iii) and (f)(4) 
of this section apply on and after May 1, 2009.


Sec.  20.2055-2T  [Removed]

0
Par. 16. Section 20.2055-2T is removed.
0
Par. 17. Section 20.2056A-4 is amended by:
0
1. Revising paragraph (c)(4)(ii)(B) and Example 4 of paragraph (d).
0
2. Adding paragraph (e).
    The revisions and addition read as follows:


Sec.  20.2056A-4  Procedures for conforming marital trusts and nontrust 
marital transfers to the requirements of a qualified domestic trust.

* * * * *
    (c) * * *
    (4) * * *
    (ii) * * *
    (B) The total present value of the annuity or other payment is the 
present value of the nonassignable annuity or other payment as of the 
date of the decedent's death, determined in accordance with the 
interest rates and mortality data prescribed by section 7520. The 
expected annuity term is the number of years that would be required for 
the scheduled payments to exhaust a hypothetical fund equal to the 
present value of the scheduled payments. This is determined by first 
dividing the total present value of the payments by the annual payment. 
From the quotient so obtained, the expected annuity term is derived by 
identifying the term of years that corresponds to the annuity factor 
equal to the quotient. This is determined by using column 1 of Table B, 
for the applicable interest rate, contained in Publication 1457, 
``Actuarial Valuations Version 3A''. A copy of this publication is 
available, at no charge, electronically via the IRS Internet site at 
http://www.irs.gov. If the quotient obtained falls between two terms, 
the longer term is used.
* * * * *
    (d) * * *

    Example 4. Computation of corpus portion of annuity payment. (i) 
At the time of D's death on or after May 1, 2009, D is a participant 
in an employees' pension plan described in section 401(a). On D's 
death, D's spouse S, a resident of the United States, becomes 
entitled to receive a survivor's annuity of $72,000 per year, 
payable monthly, for life. At the time of D's death, S is age 60. 
Assume that under section 7520, the appropriate discount rate to be 
used for valuing annuities in the case of this decedent is 6.0 
percent. The annuity factor at 6.0 percent for a person age 60 is 
11.0625 (1.000000 minus .33625, divided by .06). The adjustment 
factor at 6.0 percent in Table K for monthly payments is 1.0272. 
Accordingly, the right to receive $72,000 per year on a monthly 
basis is equal to the right to receive $73,958.40 ($72,000 x 1.0272) 
on an annual basis.
    (ii) The corpus portion of each annuity payment received by S is 
determined as follows. The first step is to determine the annuity 
factor for the number of years that

[[Page 49638]]

would be required to exhaust a hypothetical fund that has a present 
value and a payout corresponding to S 's interest in the payments 
under the plan, determined as follows:
    (A) Present value of S 's annuity: $73,958.40 x 11.0625 = 
$818,164.80.
    (B) Annuity Factor for Expected Annuity Term: $818,164.80/
$73,958.40 = 11.0625.
    (iii) The second step is to determine the number of years that 
would be required for S 's annuity to exhaust a hypothetical fund of 
$818,164.80. The term certain annuity factor of 11.0625 falls 
between the annuity factors for 18 and 19 years in a 6.0 percent 
term certain annuity table (Column 1 of Table B, Publication 1457 
Actuarial Valuations Version 3A, which may be obtained on the IRS 
Internet site). Accordingly, the expected annuity term is 19 years.
    (iv) The third step is to determine the corpus amount by 
dividing the expected term of 19 years into the present value of the 
hypothetical fund as follows:
    (A) Corpus amount of annual payment: $818,164.80/19 = 
$43,061.31.
    (B) [Reserved].
    (v) In the fourth step, the corpus portion of each annuity 
payment is determined by dividing the corpus amount of each annual 
payment by the annual annuity payment (adjusted for payments more 
frequently than annually as in (i) of this Example 4) as follows:
    (A) Corpus portion of each annuity payment: $43,061.31/
$73,958.40 = .58.
    (B) [Reserved].
    (vi) Accordingly, 58 percent of each payment to S is deemed to 
be a distribution of corpus. A marital deduction is allowed for 
$818,164.80, the present value of the annuity as of D's date of 
death, if either: S agrees to roll over the corpus portion of each 
payment to a QDOT and the executor files the Information Statement 
described in paragraph (c)(5) of this section and the Roll Over 
Agreement described in paragraph (c)(7) of this section; or S agrees 
to pay the tax due on the corpus portion of each payment and the 
executor files the Information Statement described in paragraph 
(c)(5) of this section and the Payment Agreement described in 
paragraph (c)(6) of this section.
* * * * *
    (e) Effective/applicability date. Paragraph (c)(4)(ii)(B) and 
Example 4 in paragraph (d) of this section are applicable with respect 
to decedents dying on or after May 1, 2009.


Sec.  20.2056A-4T  [Removed]

0
Par. 18. Section 20.2056A-4T is removed.
0
Par. 19. Section 20.7520-1 is amended by revising the section heading 
and by revising paragraphs (a)(1), (a)(2), (b)(2), (c)(1), (c)(2), and 
(d) to read as follows:


Sec.  20.7520-1  Valuation of annuities, unitrust interests, interests 
for life or terms of years, and remainder or reversionary interests.

    (a) General actuarial valuations. (1) Except as otherwise provided 
in this section and in Sec.  20.7520-3 (relating to exceptions to the 
use of prescribed tables under certain circumstances), in the case of 
estates of decedents with valuation dates after April 30, 1989, the 
fair market value of annuities, interests for life or for a term of 
years (including unitrust interests), remainders, and reversions is 
their present value determined under this section. See Sec.  20.2031-
7(d) (and, for periods prior to May 1, 2009, Sec.  20.2031-7A) for the 
computation of the value of annuities, unitrust interests, life 
estates, terms for years, remainders, and reversions, other than 
interests described in paragraphs (a)(2) and (a)(3) of this section.
    (2) In the case of a transfer to a pooled income fund, see Sec.  
1.642(c)-6(e) of this chapter (or, for periods prior to May 1, 2009, 
Sec.  1.642(c)-6A) with respect to the valuation of the remainder 
interest.
* * * * *
    (b) * * *
    (2) Mortality component. The mortality component reflects the 
mortality data most recently available from the United States census. 
As new mortality data becomes available after each decennial census, 
the mortality component described in this section will be revised and 
the revised mortality component tables will be published in the 
regulations at that time. For decedent's estates with valuation dates 
on or after May 1, 2009, the mortality component table (Table 2000CM) 
is contained in Sec.  20.2031-7(d)(7). See Sec.  20.2031-7A for 
mortality component tables applicable to decedent's estates with 
valuation dates before May 1, 2009.
    (c) * * *
    (1) Regulation sections containing tables with interest rates 
between 0.2 and 14 percent for valuation dates on or after May 1, 2009. 
Section 1.642(c)-6(e)(6) of this chapter contains Table S used for 
determining the present value of a single life remainder interest in a 
pooled income fund as defined in Sec.  1.642(c)-5. See Sec.  1.642(c)-
6A for single life remainder factors applicable to valuation dates 
before May 1, 2009. Section 1.664-4(e)(6) contains Table F (payout 
factors) and Table D (actuarial factors used in determining the present 
value of a remainder interest postponed for a term of years). Section 
1.664-4(e)(7) contains Table U(1) (unitrust single life remainder 
factors). These tables are used in determining the present value of a 
remainder interest in a charitable remainder unitrust as defined in 
Sec.  1.664-3. See Sec.  1.664-4A for unitrust single life remainder 
factors applicable to valuation dates before May 1, 2009. Section 
20.2031-7(d)(6) contains Table B (actuarial factors used in determining 
the present value of an interest for a term of years), Table K (annuity 
end-of-interval adjustment factors), and Table J (term certain annuity 
beginning-of-interval adjustment factors). Section 20.2031-7(d)(7) 
contains Table S (single life remainder factors), and Table 2000CM 
(mortality components). These tables are used in determining the 
present value of annuities, life estates, remainders, and reversions. 
See Sec.  20.2031-7A for single life remainder factors applicable to 
valuation dates before May 1, 2009.
    (2) Internal Revenue Service publications containing tables with 
interest rates between 0.2 and 22 percent for valuation dates on or 
after May 1, 2009. The following documents are available, at no charge, 
electronically via the IRS Internet site at http://www.irs.gov:
    (i) Internal Revenue Service Publication 1457, ``Actuarial 
Valuations Version 3A'' (2009). This publication includes tables of 
valuation factors, as well as examples that show how to compute other 
valuation factors, for determining the present value of annuities, life 
estates, terms of years, remainders, and reversions, measured by one or 
two lives. These factors may also be used in the valuation of interests 
in a charitable remainder annuity trust as defined in Sec.  1.664-2 of 
this chapter and a pooled income fund as defined in Sec.  1.642(c)-5.
    (ii) Internal Revenue Service Publication 1458, ``Actuarial 
Valuations Version 3B'' (2009). This publication includes term certain 
tables and tables of one and two life valuation factors for determining 
the present value of remainder interests in a charitable remainder 
unitrust as defined in Sec.  1.664-3 of this chapter.
    (iii) Internal Revenue Service Publication 1459, ``Actuarial 
Valuations Version 3C'' (2009). This publication includes tables for 
computing depreciation adjustment factors. See Sec.  1.170A-12 of this 
chapter.
    (d) Effective/applicability date. This section applies on and after 
May 1, 2009.

Sec.  20.7520-1T  [Removed]

0
Par. 20. Section 20.7520-1T is removed.

PART 25--GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954

0
Par. 21. The authority citation for part 25 is amended by removing 
entries for Sec. Sec.  25.2512-5T and 25.7520-1T to read as follows:

    Authority:  26 U.S.C. 7805 * * *


[[Page 49639]]



0
Par. 22. Section 25.2512-0 is amended by removing the entry for Sec.  
25.2512-5T from the table.
0
Par. 23. Section 25.2512-5 is amended by revising paragraphs (c), (d), 
and (e) to read as follows:


Sec.  25.2512-5  Valuation of annuities, unitrust interests, interests 
for life or term of years, and remainder or reversionary interests.

* * * * *
    (c) Actuarial valuations. The present value of annuities, unitrust 
interests, life estates, terms of years, remainders, and reversions 
transferred by gift on or after May 1, 2009, is determined under 
paragraph (d) of this section. The present value of annuities, unitrust 
interests, life estates, terms of years, remainders, and reversions 
transferred by gift before May 1, 2009, is determined under the 
following sections:

----------------------------------------------------------------------------------------------------------------
                          Transfers
--------------------------------------------------------------               Applicable regulations
                    After                          Before
----------------------------------------------------------------------------------------------------------------
--                                                   01-01-52  25.2512-5A(a).
12-31-51.....................................        01-01-71  25.2512-5A(b).
12-31-70.....................................        12-01-83  25.2512-5A(c).
11-30-83.....................................        05-01-89  25.2512-5A(d).
04-30-89.....................................        05-01-99  25.2512-5A(e).
04-30-99.....................................        05-01-09  25.2512-5A(f).
----------------------------------------------------------------------------------------------------------------

    (d) Actuarial valuations on or after May 1, 2009--(1) In general. 
Except as otherwise provided in paragraph (b) of this section and Sec.  
25.7520-3(b) (relating to exceptions to the use of prescribed tables 
under certain circumstances), if the valuation date for the gift is on 
or after May 1, 2009, the fair market value of annuities, life estates, 
terms of years, remainders, and reversions transferred on or after May 
1, 2009, is the present value of such interests determined under 
paragraph (d)(2) of this section and by use of standard or special 
section 7520 actuarial factors. These factors are derived by using the 
appropriate section 7520 interest rate and, if applicable, the 
mortality component for the valuation date of the interest that is 
being valued. See Sec. Sec.  25.7520-1 through 25.7520-4. The fair 
market value of a qualified annuity interest described in section 
2702(b)(1) and a qualified unitrust interest described in section 
2702(b)(2) is the present value of such interests determined under 
Sec.  25.7520-1(c).
    (2) Specific interests. When the donor transfers property in trust 
or otherwise and retains an interest therein, generally, the value of 
the gift is the value of the property transferred less the value of the 
donor's retained interest. However, if the donor transfers property 
after October 8, 1990, to or for the benefit of a member of the donor's 
family, the value of the gift is the value of the property transferred 
less the value of the donor's retained interest as determined under 
section 2702. If the donor assigns or relinquishes an annuity, life 
estate, remainder, or reversion that the donor holds by virtue of a 
transfer previously made by the donor or another, the value of the gift 
is the value of the interest transferred. However, see section 2519 for 
a special rule in the case of the assignment of an income interest by a 
person who received the interest from a spouse.
    (i) Charitable remainder trusts. The fair market value of a 
remainder interest in a pooled income fund, as defined in Sec.  
1.642(c)-5 of this chapter, is its value determined under Sec.  
1.642(c)-6(e) (see Sec.  1.642(c)-6A for certain prior periods). The 
fair market value of a remainder interest in a charitable remainder 
annuity trust, as described in Sec.  1.664-2(a), is its present value 
determined under Sec.  1.664-2(c). The fair market value of a remainder 
interest in a charitable remainder unitrust, as defined in Sec.  1.664-
3, is its present value determined under Sec.  1.664-4(e). The fair 
market value of a life interest or term for years in a charitable 
remainder unitrust is the fair market value of the property as of the 
date of transfer less the fair market value of the remainder interest, 
determined under Sec.  1.664-4(e)(4) and (e)(5).
    (ii) Ordinary remainder and reversionary interests. If the interest 
to be valued is to take effect after a definite number of years or 
after the death of one individual, the present value of the interest is 
computed by multiplying the value of the property by the appropriate 
remainder interest actuarial factor (that corresponds to the applicable 
section 7520 interest rate and remainder interest period) in Table B 
(for a term certain) or in Table S (for one measuring life), as the 
case may be. Table B is contained in Sec.  20.2031-7(d)(6) of this 
chapter and Table S (for one measuring life when the valuation date is 
on or after May 1, 2009) is included in Sec.  20.2031-7(d)(7) and 
Internal Revenue Service Publication 1457. See Sec.  20.2031-7A 
containing Table S for valuation of interests before May 1, 2009. For 
information about obtaining actuarial factors for other types of 
remainder interests, see paragraph (d)(4) of this section.
    (iii) Ordinary term-of-years and life interests. If the interest to 
be valued is the right of a person to receive the income of certain 
property, or to use certain nonincome-producing property, for a term of 
years or for the life of one individual, the present value of the 
interest is computed by multiplying the value of the property by the 
appropriate term-of-years or life interest actuarial factor (that 
corresponds to the applicable section 7520 interest rate and term-of-
years or life interest period). Internal Revenue Service Publication 
1457 includes actuarial factors for a remainder interest after a term 
of years in Table B and after the life of one individual in Table S 
(for one measuring life when the valuation date is on or after May 1, 
2009). However, term-of-years and life interest actuarial factors are 
not included in Table B in Sec.  20.2031-7(d)(6) of this chapter or 
Table S in Sec.  20.2031-7(d)(7) (or in Sec.  20.2031-7A). If Internal 
Revenue Service Publication 1457 (or any other reliable source of term-
of-years and life interest actuarial factors) is not conveniently 
available, an actuarial factor for the interest may be derived 
mathematically. This actuarial factor may be derived by subtracting the 
correlative remainder factor (that corresponds to the applicable 
section 7520 interest rate) in Table B (for a term of years) in Sec.  
20.2031-7(d)(6) or in Table S (for the life of one individual) in Sec.  
20.2031-7(d)(7), as the case may be, from 1.000000. For information 
about obtaining actuarial factors for other types of term-of-years and 
life interests, see paragraph (d)(4) of this section.
    (iv) Annuities. (A) If the interest to be valued is the right of a 
person to receive an annuity that is payable at the end of each year 
for a term of years or for the

[[Page 49640]]

life of one individual, the present value of the interest is computed 
by multiplying the aggregate amount payable annually by the appropriate 
annuity actuarial factor (that corresponds to the applicable section 
7520 interest rate and annuity period). Internal Revenue Service 
Publication 1457 includes actuarial factors in Table B (for a remainder 
interest after an annuity payable for a term of years) and in Table S 
(for a remainder interest after an annuity payable for the life of one 
individual when the valuation date is on or after May 1, 2009). 
However, annuity actuarial factors are not included in Table B in Sec.  
20.2031-7(d)(6) of this chapter or Table S in Sec.  20.2031-7(d)(7) (or 
in Sec.  20.2031-7A). If Internal Revenue Service Publication 1457 (or 
any other reliable source of annuity actuarial factors) is not 
conveniently available, an annuity factor for a term of years or for 
one life may be derived mathematically. This annuity factor may be 
derived by subtracting the applicable remainder factor (that 
corresponds to the applicable section 7520 interest rate and annuity 
period) in Table B (in the case of a term-of-years annuity) in Sec.  
20.2031-7(d)(6) or in Table S (in the case of a one-life annuity) in 
Sec.  20.2031-7(d)(7), as the case may be, from 1.000000 and then 
dividing the result by the applicable section 7520 interest rate 
expressed as a decimal number. See Sec.  20.2031-7(d)(2)(iv) for an 
example that illustrates the computation of the present value of an 
annuity.
    (B) If the annuity is payable at the end of semiannual, quarterly, 
monthly, or weekly periods, the product obtained by multiplying the 
annuity factor by the aggregate amount payable annually is then 
multiplied by the applicable adjustment factor set forth in Table K in 
Sec.  20.2031-7(d)(6) at the appropriate interest rate component for 
payments made at the end of the specified periods. The provisions of 
this paragraph (d)(2)(iv)(B) are illustrated by the following example:

    Example.  In July of a year after 2009 but before 2019, the 
donor agreed to pay the annuitant the sum of $10,000 per year, 
payable in equal semiannual installments at the end of each period. 
The semiannual installments are to be made on each December 31st and 
June 30th. The annuity is payable until the annuitant's death. On 
the date of the agreement, the annuitant is 68 years and 5 months 
old. The donee annuitant's age is treated as 68 for purposes of 
computing the present value of the annuity. The section 7520 rate on 
the date of the agreement is 6.6 percent. Under Table S in Sec.  
20.2031-7(d)(7), the factor at 6.6 percent for determining the 
present value of a remainder interest payable at the death of an 
individual aged 68 is .42001. Converting the remainder factor to an 
annuity factor, as described above, the annuity factor for 
determining the present value of an annuity transferred to an 
individual age 68 is 8.7877 (1.000000 minus .42001 divided by .066). 
The adjustment factor from Table K in Sec.  20.2031-7(d)(6) in the 
column for payments made at the end of each semiannual period at the 
rate of 6.6 percent is 1.0162. The aggregate annual amount of the 
annuity, $10,000, is multiplied by the factor 8.7877 and the product 
is multiplied by 1.0162. The present value of the donee's annuity 
is, therefore, $89,300.61 ($10,000 x 8.7877 x 1.0162).

    (C) If an annuity is payable at the beginning of annual, 
semiannual, quarterly, monthly, or weekly periods for a term of years, 
the value of the annuity is computed by multiplying the aggregate 
amount payable annually by the annuity factor described in paragraph 
(d)(2)(iv)(A) of this section; and the product so obtained is then 
multiplied by the adjustment factor in Table J in Sec.  20.2031-7(d)(6) 
of this chapter at the appropriate interest rate component for payments 
made at the beginning of specified periods. If an annuity is payable at 
the beginning of annual, semiannual, quarterly, monthly, or weekly 
periods for one or more lives, the value of the annuity is the sum of 
the first payment and the present value of a similar annuity, the first 
payment of which is not to be made until the end of the payment period, 
determined as provided in paragraph (d)(2)(iv)(B) of this section.
    (v) Annuity and unitrust interests for a term of years or until the 
prior death of an individual--(A) Annuity interests. The present value 
of an annuity interest that is payable until the earlier to occur of 
the lapse of a specific number of years or the death of an individual 
may be computed with values from the tables in Sec. Sec.  20.2031-
7(d)(6) and 20.2031-7(d)(7) of this chapter as described in the 
following example:

    Example.  The donor transfers $100,000 into a trust early in 
2010, and retains the right to receive an annuity from the trust in 
the amount of $6,000 per year, payable in equal semiannual 
installments at the end of each period. The semiannual installments 
are to be made on each June 30th and December 31st.
    The annuity is payable for 10 years or until the donor's prior 
death. At the time of the transfer, the donor is 59 years and 6 
months old. The donor's age is deemed to be 60 for purposes of 
computing the present value of the retained annuity. If the section 
7520 rate for the month in which the transfer occurs in 5.8 percent, 
the present value of the donor's retained interest would be 
$42,575.65, determined as follows:

TABLE S value at 5.8 percent, age 60.......................        34656
TABLE S value at 5.8 percent, age 70.......................       .49025
TABLE 2000CM value at age 70...............................        74794
TABLE 2000CM value at age 60...............................        87595
TABLE B value at 5.8 percent, 10 years.....................       569041
TABLE K value at 5.8 percent...............................       1.0143
 

    Factor for donor's retained interest at 5.8 percent:
    [GRAPHIC] [TIFF OMITTED] TR10AU11.061
    
    Present value of donor's retained interest:

($6,000 x 6.9959 x 1.0143)..............................      $42,575.65
 

    (B) Unitrust interests. The present value of a unitrust interest 
that is payable until the earlier to occur of the lapse of a specific 
number of years or the death of an individual may be computed with 
values from the tables in Sec. Sec.  1.664-4(e)(6) and 1.664-4(e)(7) of 
this chapter as described in the following example:

    Example. The donor who, as of the nearest birthday, is 60 years 
old, transfers $100,000 to a unitrust on January 1st of a year after 
2009 but before 2019. The trust instrument requires that each year 
the trust pay to the donor, in equal semiannual installments on June 
30th and December 31st, 6 percent of the fair market value of the 
trust assets, valued as of January 1st each year, for 10 years or 
until the prior death of the donor. The section 7520 rate for the 
January in which the transfer occurs is 6.6 percent. Under Table 
F(6.6) in Sec.  1.664-4(e)(6), the appropriate adjustment factor is 
.953317 for semiannual payments payable at the end of the semiannual 
period. The adjusted payout rate is 5.720 percent (6% x .953317). 
The present value of the donor's retained interest is $41,920.00 
determined as follows:

TABLE U(1) value at 5.6 percent, age 60....................       .33970
TABLE U(1) value at 5.6 percent, age 70....................       .48352
TABLE 2000CM value at age 70...............................        74794
TABLE 2000CM value at age 60...............................        87595
TABLE D value at 5.6 percent, 10 years.....................      .561979
 


    Factor for donor's retained interest at 5.6 percent:


[[Page 49641]]


(1.000000-.33970) - (.561979 x (74794/87595) x (1.000000-.48352)) = 
.41247

TABLE U(1) value at 5.8 percent, age 60....................       .32846
TABLE U(1) value at 5.8 percent, age 70....................       .47241
TABLE 2000CM value at age 70...............................        74794
TABLE 2000CM value at age 60...............................        87595
TABLE D value at 5.8 percent, 10 years.....................      .550185
 

    Factor for donor's retained interest at 5.8 percent:
    [GRAPHIC] [TIFF OMITTED] TR10AU11.062
    
    (3) Transitional rule. If the valuation date of a transfer of 
property by gift is on or after May 1, 2009, and before July 1, 2009, 
the fair market value of the interest transferred is determined by use 
of the section 7520 interest rate for the month in which the valuation 
date occurs (see Sec. Sec.  25.7520-1(b) and 25.7520-2(a)(2)) and the 
appropriate actuarial tables under either Sec.  20.2031-7(d)(7) or 
Sec.  20.2031-7A(f)(4) of this chapter, at the option of the donor. 
However, with respect to each individual transaction and with respect 
to all transfers occurring on the valuation date, the donor must use 
the same actuarial tables (for example, gift and income tax charitable 
deductions with respect to the same transfer must be determined based 
on the same tables, and all transfers made on the same date must be 
valued based on the same tables).
    (4) Publications and actuarial computations by the Internal Revenue 
Service. Many standard actuarial factors not included in Sec.  20.2031-
7(d)(6) or Sec.  20.2031-7(d)(7) of this chapter are included in 
Internal Revenue Service Publication 1457, ``Actuarial Valuations 
Version 3A'' (2009). Internal Revenue Service Publication 1457 also 
includes examples that illustrate how to compute many special factors 
for more unusual situations. A copy of this publication is available, 
at no charge, electronically via the IRS Internet site at http://www.irs.gov. If a special factor is required in the case of a completed 
gift, the Internal Revenue Service may furnish the factor to the donor 
upon a request for a ruling. The request for a ruling must be 
accompanied by a recitation of the facts including a statement of the 
date of birth for each measuring life, the date of the gift, any other 
applicable dates, and a copy of the will, trust, or other relevant 
documents. A request for a ruling must comply with the instructions for 
requesting a ruling published periodically in the Internal Revenue 
Bulletin (see Sec. Sec.  601.201 and 601.601(d)(2)(ii)(b) of this 
chapter) and include payment of the required user fee.
    (e) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  25.2512-5T  [Removed]

0
Par. 24. Section 25.2512-5T is removed.


Sec.  25.2512-5A  [Amended]

0
Par. 24A. Section 25.2512-5A(f)(1) is amended by removing ``Sec.  
25.2512-5T(d)'' from the first sentence and adding ``Sec.  25.2512-
5(d)'' in its place.
0
Par. 25. Section 25.2522(c)-3 is amended by revising paragraph (e) to 
read as follows:


Sec.  25.2522(c)-3  Transfers not exclusively for charitable, etc., 
purposes in the case of gifts made after July 31, 1969.

* * * * *
    (e) Effective/applicability date. This section applies only to 
gifts made after July 31, 1969. In addition, the rule in paragraphs 
(c)(2)(vi)(a) and (c)(2)(vii)(a) of this section that guaranteed 
annuity interests or unitrust interests, respectively, may be payable 
for a specified term of years or for the life or lives of only certain 
individuals applies to transfers made on or after April 4, 2000. If a 
transfer is made on or after April 4, 2000, that uses an individual 
other than one permitted in paragraphs (c)(2)(vi)(a) and (c)(2)(vii)(a) 
of this section, the interest may be reformed into a lead interest 
payable for a specified term of years. The term of years is determined 
by taking the factor for valuing the annuity or unitrust interest for 
the named individual measuring life and identifying the term of years 
(rounded up to the next whole year) that corresponds to the equivalent 
term of years factor for an annuity or unitrust interest. For example, 
in the case of an annuity interest payable for the life of an 
individual age 40 at the

[[Page 49642]]

time of the transfer on or after May 1, 2009 (the effective date of 
Table S), assuming an interest rate of 7.4 percent under section 7520, 
the annuity factor from column 1 of Table S(7.4), contained in IRS 
Publication 1457, Actuarial Valuations Version 3A, for the life of an 
individual age 40 is 12.1519 (1-.10076/.074). Based on Table B(7.4), 
contained in Publication 1457, ``Actuarial Valuations Version 3A'', the 
factor 12.1519 corresponds to a term of years between 32 and 33 years. 
Accordingly, the annuity interest must be reformed into an interest 
payable for a term of 33 years. A judicial reformation must be 
commenced prior to October 15th of the year following the year in which 
the transfer is made and must be completed within a reasonable time 
after it is commenced. A non-judicial reformation is permitted if 
effective under state law, provided it is completed by the date on 
which a judicial reformation must be commenced. In the alternative, if 
a court, in a proceeding that is commenced on or before July 5, 2001, 
declares any transfer, made on or after April 4, 2000, and on or before 
March 6, 2001, null and void ab initio, the Internal Revenue Service 
will treat such transfers in a manner similar to that described in 
section 2055(e)(3)(J).


Sec.  25.2522(c)-3T  [Removed]

0
Par. 26. Section 25.2522(c)-3T is removed.
0
Par. 27. Section 25.7520-1 is amended by revising the section heading 
and by revising paragraphs (a)(1), (a)(2), (b)(2), (c)(1), (c)(2), and 
(d) to read as follows:


Sec.  25.7520-1  Valuation of annuities, unitrust interests, interests 
for life or terms of years, and remainder or reversionary interests.

    (a) General actuarial valuations. (1) Except as otherwise provided 
in this section and in Sec.  25.7520-3(b) (relating to exceptions to 
the use of prescribed tables under certain circumstances), in the case 
of certain gifts after April 30, 1989, the fair market value of 
annuities, interests for life or for a term of years (including 
unitrust interests), remainders, and reversions is their present value 
determined under this section. See Sec.  20.2031-7(d) of this chapter 
(and, for periods prior to May 1, 2009, Sec.  20.2031-7A) for the 
computation of the value of annuities, unitrust interests, life 
estates, terms for years, remainders, and reversions, other than 
interests described in paragraphs (a)(2) and (a)(3) of this section.
    (2) In the case of a gift to a beneficiary of a pooled income fund, 
see Sec.  1.642(c)-6(e) of this chapter (or, for periods prior to May 
1, 2009, Sec.  1.642(c)-6A) with respect to the valuation of the 
remainder interest.
* * * * *
    (b) * * *
    (2) Mortality component. The mortality component reflects the 
mortality data most recently available from the United States census. 
As new mortality data becomes available after each decennial census, 
the mortality component described in this section will be revised and 
the revised mortality component tables will be published in the 
regulations at that time. For gifts with valuation dates on or after 
May 1, 2009, the mortality component table (Table 2000CM) is contained 
in Sec.  20.2031-7(d)(7). See Sec.  20.2031-7A of this chapter for 
mortality component tables applicable to gifts for which the valuation 
date falls before May 1, 2009.
    (c) * * *
    (1) Regulation sections containing tables with interest rates 
between 0.2 and 14 percent for valuation dates on or after May 1, 2009. 
Section 1.642(c)-6(e)(6) of this chapter contains Table S used for 
determining the present value of a single life remainder interest in a 
pooled income fund as defined in Sec.  1.642(c)-5. See Sec.  1.642(c)-
6A for single life remainder factors applicable to valuation dates 
before May 1, 2009. Section 1.664-4(e)(6) contains Table F (payout 
factors) and Table D (actuarial factors used in determining the present 
value of a remainder interest postponed for a term of years). Section 
1.664-4(e)(7) contains Table U(1) (unitrust single life remainder 
factors). These tables are used in determining the present value of a 
remainder interest in a charitable remainder unitrust as defined in 
Sec.  1.664-3. See Sec.  1.664-4A for unitrust single life remainder 
factors applicable to valuation dates before May 1, 2009. Section 
20.2031-7(d)(6) of this chapter contains Table B (actuarial factors 
used in determining the present value of an interest for a term of 
years), Table K (annuity end-of-interval adjustment factors), and Table 
J (term certain annuity beginning-of-interval adjustment factors). 
Section 20.2031-7(d)(7) contains Table S (single life remainder 
factors), and Table 2000CM (mortality components). These tables are 
used in determining the present value of annuities, life estates, 
remainders, and reversions. See Sec.  20.2031-7A for single life 
remainder factors and mortality components applicable to valuation 
dates before May 1, 2009.
    (2) Internal Revenue Service publications containing tables with 
interest rates between 0.2 and 22 percent for valuation dates on or 
after May 1, 2009. The following documents are available, at no charge, 
electronically via the IRS Internet site at http://www.irs.gov:
    (i) Internal Revenue Service Publication 1457, ``Actuarial 
Valuations Version 3A'' (2009). This publication includes tables of 
valuation factors, as well as examples that show how to compute other 
valuation factors, for determining the present value of annuities, life 
estates, terms of years, remainders, and reversions, measured by one or 
two lives. These factors may also be used in the valuation of interests 
in a charitable remainder annuity trust as defined in Sec.  1.664-2 and 
a pooled income fund as defined in Sec.  1.642(c)-5 of this chapter.
    (ii) Internal Revenue Service Publication 1458, ``Actuarial 
Valuations Version 3B'' (2009). This publication includes term certain 
tables and tables of one and two life valuation factors for determining 
the present value of remainder interests in a charitable remainder 
unitrust as defined in Sec.  1.664-3 of this chapter.
    (iii) Internal Revenue Service Publication 1459, ``Actuarial 
Valuations Version 3C'' (2009). This publication includes tables for 
computing depreciation adjustment factors. See Sec.  1.170A-12 of this 
chapter.
    (d) Effective/applicability date. This section applies on and after 
May 1, 2009.


Sec.  25.7520-1T  [Removed]

0
Par. 28. Section 25.7520-1T is removed.
0
Par. 29. Section 25.7520-3 is amended by revising paragraph (b)(2)(v), 
Example 5, paragraph (b)(4), and paragraph (c) to read as follows:


Sec.  25.7520-3  Limitation on the application of section 7520.

* * * * *
    (b) * * *
    (2) * * *
    (v) * * *

    Example 5. Eroding corpus in an annuity trust. (i) The donor, 
who is age 60 and in normal health, transfers property worth 
$1,000,000 to a trust on or after May 1, 2009, but before 2019. The 
trust will pay a 10 percent ($100,000 per year) annuity to a 
charitable organization for the life of the donor, payable annually 
at the end of each period, and the remainder then will be 
distributed to the donor's child. The section 7520 rate for the 
month of the transfer is 6.8 percent. First, it is necessary to 
determine whether the annuity may exhaust the corpus before all 
annuity payments are made. Because it is assumed that any measuring 
life may survive until age 110, any life annuity could require 
payments until the measuring

[[Page 49643]]

life reaches age 110. Based on a section 7520 interest rate of 6.8 
percent, the determination of whether the annuity may exhaust the 
corpus before the termination of the annuity interest is made as 
follows:

Age to which life annuity may continue................               110
less: Age of measuring life at date of transfer.......                60
                                                       -----------------
    Number of years annuity may continue..............                50
Annual annuity payment................................       $100,000.00
times: Annuity factor for 50 years....................
    derived from Table B..............................
                                                       -----------------
    (1-.037277/.068)..................................           14.1577
Present value of term certain annuity.................     $1,415,770.00
 

    (ii) Because the present value of an annuity for a term of 50 
years exceeds the corpus, the annuity may exhaust the trust before 
all payments are made. Consequently, the annuity must be valued as 
an annuity payable for a term of years or until the prior death of 
the annuitant, with the term of years determined by when the fund 
will be exhausted by the annuity payments.
    (iii) The annuity factor for a term of years at 6.8 percent is 
derived by subtracting the applicable remainder factor in Table B 
(see Sec.  20.2031-7(d)(6)) from 1.000000 and then dividing the 
result by .068. An annuity of $100,000 payable at the end of each 
year for a period that has an annuity factor of 10.0 would have a 
present value exactly equal to the principal available to pay the 
annuity over the term. The annuity factor for 17 years is 9.8999 and 
the annuity factor for 18 years is 10.2059. Thus, it is determined 
that the $1,000,000 initial transfer will be sufficient to make 17 
annual payments of $100,000, but not to make the entire 18th 
payment. The present value of an annuity of $100,000 payable at the 
end of each year for 17 years is $100,000 times 9.8999 or $989,990. 
The remaining amount is $10,010.00. Of the initial corpus amount, 
$10,010.00 is not needed to make payments for 17 years, so this 
amount, as accumulated for 18 years, will be available for the final 
payment. The 18-year accumulation factor is (1 + 0.068)\18\ or 
3.268004, so the amount available in 18 years is $10,010.00 times 
3.268004 or $32,712.72. Therefore, for purposes of analysis, the 
annuity payments are considered to be composed of two distinct 
annuity components. The two annuity components taken together must 
equal the total annual amount of $100,000. The first annuity 
component is the exact amount that the trust will have available for 
the final payment, $32,712.72. The second annuity component then 
must be $100,000 minus $32,712.72, or $67,287.28. Specifically, the 
initial corpus will be able to make payments of $67,287.28 per year 
for 17 years plus payments of $32,712.72 per year for 18 years. The 
total annuity is valued by adding the value of the two separate 
annuity components.
    (iv) Based on Table H of Publication 1457, Actuarial Valuations 
Version 3A, which may be obtained from the IRS Internet site, the 
present value of an annuity of $67,287.28 per year payable for 17 
years or until the prior death of a person aged 60 is $597,013.12 
($67,287.28 x 8.8726). The present value of an annuity of $32,712.72 
per year payable for 18 years or until the prior death of a person 
aged 60 is $296,887.56 ($32,712.72 x 9.0756). Thus, the present 
value of the charitable annuity interest is $893,900.68 ($597,013.12 
+ $296,887.56).
* * * * *
    (4) Example. The provisions of paragraph (b)(3) of this section are 
illustrated by the following example:

    Example. Terminal illness. The donor transfers property worth 
$1,000,000 to a child on or after May 1, 2009 but before 2019, in 
exchange for the child's promise to pay the donor $80,000 per year 
for the donor's life, payable annually at the end of each period. 
The donor is age 75 but has been diagnosed with an incurable illness 
and has at least a 50 percent probability of dying within 1 year. 
The section 7520 interest rate for the month of the transfer is 7.6 
percent, and the standard annuity factor at that interest rate for a 
person age 75 in normal health is 6.6493 (1--.49465/.076). Thus, if 
the donor were not terminally ill, the present value of the annuity 
would be $531,944.00 ($80,000 x 6.6493). Assuming the presumption 
provided in paragraph (b)(3) of this section does not apply, because 
there is at least a 50 percent probability that the donor will die 
within 1 year, the standard section 7520 annuity factor may not be 
used to determine the present value of the donor's annuity interest. 
Instead, a special section 7520 annuity factor must be computed that 
takes into account the projection of the donor's actual life 
expectancy.
* * * * *
    (c) Effective/applicability dates. Section 25.7520-3(a) is 
effective as of May 1, 1989. The provisions of paragraph (b) of this 
section, except Example 5 in paragraph (b)(2)(v) and paragraph (b)(4), 
are effective with respect to gifts made after December 13, 1995. 
Example 5 in paragraph (b)(2)(v) and paragraph (b)(4) are effective 
with respect to gifts made on or after May 1, 2009.


Sec.  25.7520-3T  [Removed]

0
Par. 30. Section 25.7520-3T is removed.

    Approved: July 22, 2011.
Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2011-19675 Filed 8-9-11; 8:45 am]
BILLING CODE 4830-01-P