§ 2010. Unified credit against estate tax

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Pub. L. 94–455 title XX § 2001(a)(2) · 90 Stat. 1520

   Enacted · 26 U.S.C. § 2010

   Added Pub. L. 94–455, title XX, § 2001(a)(2), Oct. 4, 1976, 90 Stat. 1848

   Source evidence

   Code source credit
   Added Pub. L. 94–455, title XX, § 2001(a)(2), Oct. 4, 1976, 90 Stat. 1848

   Enacted provision · exact public law section
   (2) Allowance of unified credit.— Part-II of subchapter A of chapter 11 (relating to credits against the estate tax) is amended by inserting before section 2011 the following new section: “SEC. 2010. UNIFIED CREDIT AGAINST ESTATE TAX. “(a) General Rule.— A credit of $47,000 shall be allowed to the estate of every decedent, against the tax imposed by section 2001. “(b) Phase-in of $47,000 credit.— “In the case of decedents dying in: Subsection (a) shall be applied by substituting for ‘$47,000’ the following amount:   1977 $30, 000   1978 34, 000   1979 38, 000   1980 42, 500 “(c) Adjustment to Credit for Certain Gifts Made Before 1977.— The amount of the credit allowable under subsection (a) shall be reduced by an amount equal to 20 percent of the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after September 8, 1976. “(d) Limitation Based on Amount of Tax.— The amount of the credit allowed by subsection (a) shall not exceed the amount of the tax imposed by section 2001.”

2. 1981

   Economic Recovery Tax Act of 1981

   Pub. L. 97–34 § 401(a)(1) · 95 Stat. 175

   Substituted · 26 U.S.C. § 2010(a)

   Pub. L. 97–34, § 401(a)(1), substituted “$192,800” for “$47,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–34, § 401(a)(1), substituted “$192,800” for “$47,000”.

   Enacted provision · exact public law section
   (1) In general.— Subsection (a) of section 2010 (relating to 26 USC 2010. unified credit against estate tax) is amended by striking out “$47,000” and inserting in lieu thereof “$192,800”.

3. 1981

   Economic Recovery Tax Act of 1981

   Pub. L. 97–34 § 401(a)(2)(A) · 95 Stat. 175

   Substituted · 26 U.S.C. § 2010(b)

   Pub. L. 97–34, § 401(a)(2)(A), struck out “$47,000” before “credit” from heading and in text substituted in subsec. (a) substitutions for “$192,800” amounts of “$62,800”, “$79,300”, “$96,300”, “$121,800”, and “$155,800” in the case of decedents dying in 1982, 1983, 1984, 1985, and 1986, respectively, for subsec. (a) substitutions for “$47,000” amounts of “$30,000”, “$34,000”, “$38,000”, and “$42,500” in the case of decedents dying in 1977, 1978, 1979, and 1980, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–34, § 401(a)(2)(A), struck out “$47,000” before “credit” from heading and in text substituted in subsec. (a) substitutions for “$192,800” amounts of “$62,800”, “$79,300”, “$96,300”, “$121,800”, and “$155,800” in the case of decedents dying in 1982, 1983, 1984, 1985, and 1986, respectively, for subsec. (a) substitutions for “$47,000” amounts of “$30,000”, “$34,000”, “$38,000”, and “$42,500” in the case of decedents dying in 1977, 1978, 1979, and 1980, respectively.

   Enacted provision · exact public law section
   (A) Subsection (b) of section 2010 is amended to read as follows: “(b) Phase-in of Credit.— “In the case of decedents dying in: Subsection (a) shall be applied by substituting for ‘$192,800’ the following amount:  1982 $62,800   1983 79,300   1984 96,300   1985 121,800   1986 155,800.”

4. 1990

   Revenue Reconciliation Act of 1990

   Pub. L. 101–508 title XI § 11801(a)(39) · 104 Stat. 1388

   1. Redesignated · 26 U.S.C. § 2010(b)(d)

      Pub. L. 101–508 redesignated subsecs. (c) and (d) as (b) and (c), respectively

   2. Struck · 26 U.S.C. § 2010(b)(d)

      Pub. L. 101–508 struck out former subsec. (b) which provided for a phase-in of the unified credit against estate tax

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 101–508 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which provided for a phase-in of the unified credit against estate tax.

   Enacted provision · exact public law section
   (39) Subsection (b) of section 2010 (relating to phase-in of credit).

5. 1997

   Pub. L. 105–34 § 501(a)(1)(A) · 111 Stat. 788

   Substituted · 26 U.S.C. § 2010(a)

   Pub. L. 105–34, § 501(a)(1)(A), substituted “the applicable credit amount” for “$192,800”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–34, § 501(a)(1)(A), substituted “the applicable credit amount” for “$192,800”.

   Enacted provision · exact public law section
   (A) In general.— Subsection (a) of section 2010 (relating to unified credit against estate tax) is amended by striking “$192,800” and inserting “the applicable credit amount”.

6. 1997

   Pub. L. 105–34 § 501(a)(1)(B) · 111 Stat. 788

   1. Added · 26 U.S.C. § 2010(c); 26 U.S.C. § 2010(d)

      Pub. L. 105–34, § 501(a)(1)(B), added subsec. (c)

   2. Redesignated · 26 U.S.C. § 2010(c); 26 U.S.C. § 2010(d)

      Pub. L. 105–34, § 501(a)(1)(B), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 105–34, § 501(a)(1)(B), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (B) Applicable credit amount.— Section 2010 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Applicable Credit Amount.— For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount determined in accordance with the following table: “In the case of estates of decedents dying, and gifts made, during: The applicable exclusion amount is: 1998 $625,000 1999 $650,000 2000 and 2001 $675,000 2002 and 2003 $700,000 2004 $850,000 2005 $950,000 2006 or thereafter $1,000,000.”.

7. 2001

   Pub. L. 107–16 title V § 521(a) · 115 Stat. 38

   Substituted · 26 U.S.C. § 2010(c)

   Pub. L. 107–16, in table, substituted provision that in the case of estates of decedents dying during the years 2002 and 2003, the years 2004 and 2005, the years 2006, 2007, and 2008, and the year 2009, the applicable exclusion amount is $1,000,000, $1,500,000, $2,000,000, and $3,500,000, respectively, for provision that in the case of decedents dying, and gifts made, during the year 1998, the year 1999, the years 2000 and 2001, the years 2002 and 2003, the year 2004, the year 2005, and the year 2006 or thereafter, the applicable exclusion amount is $625,000, $650,000, $675,000, $700,000, $850,000, $950,000, and $1,000,000, respectively

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–16, in table, substituted provision that in the case of estates of decedents dying during the years 2002 and 2003, the years 2004 and 2005, the years 2006, 2007, and 2008, and the year 2009, the applicable exclusion amount is $1,000,000, $1,500,000, $2,000,000, and $3,500,000, respectively, for provision that in the case of decedents dying, and gifts made, during the year 1998, the year 1999, the years 2000 and 2001, the years 2002 and 2003, the year 2004, the year 2005, and the year 2006 or thereafter, the applicable exclusion amount is $625,000, $650,000, $675,000, $700,000, $850,000, $950,000, and $1,000,000, respectively.

   Enacted provision · exact public law section
   (a) In General.— Subsection (c) of section 2010 (relating to applicable credit amount) is amended by striking the table and inserting the following new table: “In the case of estates of decedents dying during: The applicable exclusion amount is: 2002 and 2003 $1,000,000 2004 and 2005 $1,500,000 2006, 2007, and 2008 $2,000,000 2009 $3,500,000.”.

8. 2010

   Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010

   Pub. L. 111–312 § 302(a)(1) · 124 Stat. 3296

   1. Amended · 26 U.S.C. § 2010(c)

      Pub. L. 111–312, § 302(a)(1), amended subsec. (c) generally

   2. Substituted · 26 U.S.C. § 2010(c)

      Pub. L. 111–312, § 302(a)(1), substituting pars. (1) and (2) for text which provided that the applicable credit amount for purposes of this section was the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax was to be computed were the applicable exclusion amount determined in accordance with the table, covering years 2002 to 2009, included in that text

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–312, § 302(a)(1), amended subsec. (c) generally, substituting pars. (1) and (2) for text which provided that the applicable credit amount for purposes of this section was the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax was to be computed were the applicable exclusion amount determined in accordance with the table, covering years 2002 to 2009, included in that text.

   Enacted provision · exact public law section
   (1) $5,000,000 applicable exclusion amount.— Subsection (c) of section 2010 26 USC 2010. is amended to read as follows: “(c) Applicable Credit Amount.— “(1) In general.— For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. “(2) Applicable exclusion amount.— “(A) In general.— For purposes of this subsection, the applicable exclusion amount is $5,000,000. “(B) Inflation adjustment.— In the case of any decedent dying in a calendar year after 2011, the dollar amount in subparagraph (A) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2010’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.” .

9. 2010

   Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010

   Pub. L. 111–312 § 303(a) · 124 Stat. 3296

   1. Added · 26 U.S.C. § 2010(c)(2)(6)

      Pub. L. 111–312, § 303(a), added pars. (2) to (6)

   2. Struck · 26 U.S.C. § 2010(c)(2)(6)

      Pub. L. 111–312, § 303(a), struck out former par. (2). Prior to amendment, text of par. (2) read as follows:

   Source evidence

   Code amendment note
   Subsec. (c)(2) to (6). Pub. L. 111–312, § 303(a), added pars. (2) to (6) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows:

   “(A) In general.—For purposes of this subsection, the applicable exclusion amount is $5,000,000. “(B) Inflation adjustment.—In the case of any decedent dying in a calendar year after 2011, the dollar amount in subparagraph (A) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2010’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.”

   Enacted provision · exact public law section
   (a) In General.— Section 2010(c), as amended by section 302(a), is amended by striking paragraph (2) and inserting the following new paragraphs: “(2) Applicable exclusion amount.— For purposes of this subsection, the applicable exclusion amount is the sum of— “(A) the basic exclusion amount, and “(B) in the case of a surviving spouse, the deceased spousal unused exclusion amount. “(3) Basic exclusion amount.— “(A) In general.— For purposes of this subsection, the basic exclusion amount is $5,000,000. “(B) Inflation adjustment.— In the case of any decedent dying in a calendar year after 2011, the dollar amount in subparagraph (A) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 2010’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. “(4) Deceased spousal unused exclusion amount.— For purposes of this subsection, with respect to a surviving spouse of a deceased spouse dying after December 31, 2010, the term ‘deceased spousal unused exclusion amount’ means the lesser of— “(A) the basic exclusion amount, or “(B) the excess of— “(i) the basic exclusion amount of the last such deceased spouse of such surviving spouse, over “(ii) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. “(5) Special rules.— “(A) Election required.— A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (2) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return. “(B) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.— Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. “(6) Regulations.— The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.” .

10. 2013

    American Taxpayer Relief Act of 2012

    Pub. L. 112–240 title I § 101(c)(2) · 126 Stat. 2313

    Substituted · 26 U.S.C. § 2010(c)(4)(B)(i)

    Pub. L. 112–240 substituted “applicable exclusion amount” for “basic exclusion amount”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B)(i). Pub. L. 112–240 substituted “applicable exclusion amount” for “basic exclusion amount”.

    Enacted provision · exact public law section
    (2) Technical correction.— Clause (i) of section 2010(c)(4)(B) is amended by striking “basic exclusion amount” and inserting “applicable exclusion amount”.

11. 2017

    Pub. L. 115–97 § 11002(d)(1)(CC) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 2010(c)(3)(B)(ii)

    Pub. L. 115–97, § 11002(d)(1)(CC), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(ii). Pub. L. 115–97, § 11002(d)(1)(CC), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

    Enacted provision · exact public law section
    (CC) Section 2010(c)(3)(B)(ii).

12. 2017

    Pub. L. 115–97 § 11061(a) · 131 Stat. 2054

    Added · 26 U.S.C. § 2010(c)(3)(C)

    Pub. L. 115–97, § 11061(a), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 115–97, § 11061(a), added subpar. (C).

    Enacted provision · exact public law section
    (a) In General.— Section 2010(c)(3) 26 USC 2010. is amended by adding at the end the following new subparagraph: “(C) Increase in basic exclusion amount.— In the case of estates of decedents dying or gifts made after December 31, 2017, and before January 1, 2026, subparagraph (A) shall be applied by substituting ‘$10,000,000’ for ‘$5,000,000’.” .

13. 2025

    Pub. L. 119–21 § 70106(a)(1) · 139 Stat. 162

    Substituted · 26 U.S.C. § 2010(c)(3)(A)

    Pub. L. 119–21, § 70106(a)(1), substituted “$15,000,000” for “$5,000,000”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 119–21, § 70106(a)(1), substituted “$15,000,000” for “$5,000,000”.

    Effective date note
    Pub. L. 119–21, title VII, § 70106(b), July 4, 2025, 139 Stat. 162, provided that: “The amendments made by this section [amending this section] shall apply to estates of decedents dying and gifts made after December 31, 2025.”

14. 2025

    Pub. L. 119–21 § 70106(a)(2)(A) · 139 Stat. 162

    Substituted · 26 U.S.C. § 2010(c)(3)(B)

    Pub. L. 119–21, § 70106(a)(2)(A), substituted “2026” for “2011” in introductory provisions

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 119–21, § 70106(a)(2)(A), substituted “2026” for “2011” in introductory provisions.

    Effective date note
    Pub. L. 119–21, title VII, § 70106(b), July 4, 2025, 139 Stat. 162, provided that: “The amendments made by this section [amending this section] shall apply to estates of decedents dying and gifts made after December 31, 2025.”

15. 2025

    Pub. L. 119–21 § 70106(a)(2)(B) · 139 Stat. 162

    Substituted · 26 U.S.C. § 2010(c)(3)(B)(ii)

    Pub. L. 119–21, § 70106(a)(2)(B), substituted “calendar year 2025” for “calendar year 2010”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(ii). Pub. L. 119–21, § 70106(a)(2)(B), substituted “calendar year 2025” for “calendar year 2010”.

    Effective date note
    Pub. L. 119–21, title VII, § 70106(b), July 4, 2025, 139 Stat. 162, provided that: “The amendments made by this section [amending this section] shall apply to estates of decedents dying and gifts made after December 31, 2025.”

16. 2025

    Pub. L. 119–21 § 70106(a)(3) · 139 Stat. 162

    Substituted · 26 U.S.C. § 2010(c)(3)(C)

    Pub. L. 119–21, § 70106(a)(3), struck out subpar. (C). Text read as follows: “In the case of estates of decedents dying or gifts made after December 31, 2017, and before January 1, 2026, subparagraph (A) shall be applied by substituting ‘$10,000,000’ for ‘$5,000,000’.”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 119–21, § 70106(a)(3), struck out subpar. (C). Text read as follows: “In the case of estates of decedents dying or gifts made after December 31, 2017, and before January 1, 2026, subparagraph (A) shall be applied by substituting ‘$10,000,000’ for ‘$5,000,000’.”

    Effective date note
    Pub. L. 119–21, title VII, § 70106(b), July 4, 2025, 139 Stat. 162, provided that: “The amendments made by this section [amending this section] shall apply to estates of decedents dying and gifts made after December 31, 2025.”

16 of 20 references resolved to an enrolled provision · 4 unresolved