§ 645. Certain revocable trusts treated as part of estate

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. 1997

   Pub. L. 105–34 title XIII § 1305(a) · 111 Stat. 788

   Enacted · 26 U.S.C. § 645

   Added Pub. L. 105–34, title XIII, § 1305(a), Aug. 5, 1997, 111 Stat. 1040, § 646

   Source evidence

   Code source credit
   Added Pub. L. 105–34, title XIII, § 1305(a), Aug. 5, 1997, 111 Stat. 1040, § 646

   Enacted provision · exact public law section
   (a) In General.— Subpart A of part I of subchapter J (relating to estates, trusts, beneficiaries, and decedents) is amended by adding at the end the following new section: “SEC. 646. CERTAIN REVOCABLE TRUSTS TREATED AS PART OF ESTATE. “(a) General Rule.— For purposes of this subtitle, if both the executor (if any) of an estate and the trustee of a qualified revocable trust elect the treatment provided in this section, such trust shall be treated and taxed as part of such estate (and not as a separate trust) for all taxable years of the estate ending after the date of the decedent’s death and before the applicable date. “(b) Definitions.— For purposes of subsection (a)— “(1) Qualified revocable trust.—The term ‘qualified revocable trust’ means any trust (or portion thereof) which was treated under section 676 as owned by the decedent of the estate referred to in subsection (a) by reason of a power in the grantor (determined without regard to section 672(e)). “(2) Applicable date.— The term ‘applicable date’ means— “(A) if no return of tax imposed by chapter 11 is required to be filed, the date which is 2 years after the date of the decedent’s death, and “(B) if such a return is required to be filed, the date which is 6 months after the date of the final determination of the liability for tax imposed by chapter 11. “(c) Election.— The election under subsection (a) shall be made not later than the time prescribed for filing the return of tax imposed by this chapter for the first taxable year of the estate (determined with regard to extensions) and, once made, shall be irrevocable.”.

2. 1998

   Internal Revenue Service Restructuring and Reform Act of 1998

   Pub. L. 105–206 title VI § 6013(a)(1) · 112 Stat. 685

   Changed · 26 U.S.C. § 645

   Pub. L. 105–206 renumbered section 646 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 105–206 renumbered section 646 of this title as this section.

   Enacted provision · exact public law section
   (1) Section 646 of the 1986 Code is redesignated as section 645.

2 of 2 references resolved to an enrolled provision