United States 116th Congress Status: Died 1 R cosponsors

HR 218 — Death Tax Repeal Act

Last action — Referred to the House Committee on Ways and Means.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Death Tax Repeal Act This bill repeals the estate and generation-skipping transfer taxes. It also makes conforming amendments related to the gift tax.

Bill Text

Sections of law this bill changes

3 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Gift tax · 26 U.S.C. ch. 12 2 sections
  • § 2502 Rate of tax Amends

    26 U.S.C. § 2502

    The law today

    (a) Computation of tax The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (1) a tentative tax, computed under section 2001(c), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (2) a tentative tax, computed under such section, on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (b) Preceding calendar period Whenever used in this title in connection with the gift tax imposed by this chapter, the term “preceding calendar period” means— (1) calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970, (2) the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the first calendar quarter of calendar year 1982, and (3) all calendar years after 1981 and before the calendar year for which the tax is being computed. For purposes of paragraph (1), the term “calendar year 1932” includes only that portion of such year after June 6, 1932. (c) Tax to be paid by donor The tax imposed by section 2501 shall be paid by the donor.

    13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 2505 Unified credit against gift tax Amends

    26 U.S.C. § 2505 — at 2505(a)

    The law today

    (a) General rule In the case of a citizen or resident of the United States, there shall be allowed as a credit against the tax imposed by section 2501 for each calendar year an amount equal to— (1) the applicable credit amount in effect under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by (2) the sum of the amounts allowable as a credit to the individual under this section for all preceding calendar periods. For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods. (b) Adjustment to credit for certain gifts made before 1977 The amount 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 individual after September 8, 1976. (c) Limitation based on amount of tax The amount of the credit allowed under subsection (a) for any calendar year shall not exceed the amount of the tax imposed by section 2501 for such calendar year.

    18 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Gifts and bequests from expatriates · 26 U.S.C. ch. 15 1 section
  • § 2801 Imposition of tax Amends

    26 U.S.C. § 2801 — at 2801(a)(1)

    The law today

    (a) In general If, during any calendar year, any United States citizen or resident receives any covered gift or bequest, there is hereby imposed a tax equal to the product of— (1) the highest rate of tax specified in the table contained in section 2001(c) as in effect on the date of such receipt, and (2) the value of such covered gift or bequest. (b) Tax to be paid by recipient The tax imposed by subsection (a) on any covered gift or bequest shall be paid by the person receiving such gift or bequest. (c) Exception for certain gifts Subsection (a) shall apply only to the extent that the value of covered gifts and bequests received by any person during the calendar year exceeds the dollar amount in effect under section 2503(b) for such calendar year. (d) Tax reduced by foreign gift or estate tax The tax imposed by subsection (a) on any covered gift or bequest shall be reduced by the amount of any gift or estate tax paid to a foreign country with respect to such covered gift or bequest. (e) Covered gift or bequest (1) In general For purposes of this chapter, the term “covered gift or bequest” means— (A) any property acquired by gift directly or indirectly from an individual who, at the time of such acquisition, is a covered expatriate, and (B) any property acquired directly or indirectly by reason of the death of an individual who, immediately before such death, was a covered expatriate. (2) Exceptions for transfers otherwise subject to estate or gift tax Such term shall not include— (A) any property shown on a timely filed return of tax imposed by chapter 12 which is a taxable gift by the covered expatriate, and (B) any property included in the gross estate of the covered expatriate for purposes of chapter 11 and shown on a timely filed return of tax imposed by chapter 11 of the estate of the covered expatriate. (3) Exceptions for transfers to spouse or charity Such term shall not include any property with respect to which a deduction would be allowed under section 2055, 2056, 2522, or 2523, whichever is appropriate, if the decedent or donor were a United States person. (4) Transfers in trust (A) Domestic trusts In the case of a covered gift or bequest made to a domestic trust— (i) subsection (a) shall apply in the same manner as if such trust were a United States citizen, and (ii) the tax imposed by subsection (a) on such gift or bequest shall be paid by such trust. (B) Foreign trusts (i) In general In the case of a covered gift or bequest made to a foreign trust, subsection (a) shall apply to any distribution attributable to such gift or bequest from such trust (whether from income or corpus) to a United States citizen or resident in the same manner as if such distribution were a covered gift or bequest. (ii) Deduction for tax paid by recipient There shall be allowed as a deduction under section 164 the amount of tax imposed by this section which is paid or accrued by a United States citizen or resident by reason of a distribution from a foreign trust, but only to the extent such tax is imposed on the portion of such distribution which is included in the gross income of such citizen or resident. (iii) Election to be treated as domestic trust Solely for purposes of this section, a foreign trust may elect to be treated as a domestic trust. Such an election may be revoked with the consent of the Secretary. (f) Covered expatriate For purposes of this section, the term “covered expatriate” has the meaning given to such term by section 877A(g)(1).

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 26 U.S.C. § 2504

How this bill changes current law

7 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill repeals the estate and generation-skipping transfer taxes under the Internal Revenue Code.

  • Internal Revenue Code of 1986, Subchapter C of chapter 11

    ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''.

    This new section states that the estate tax will not apply to estates of decedents dying on or after the enactment of the bill.

  • Internal Revenue Code of 1986, Subchapter G of chapter 13

    ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act.''.

    This new section terminates the generation-skipping transfer tax effective from the date of the bill's enactment.

  • Internal Revenue Code of 1986, section 2502

    ``(a) Computation of Tax.-- → ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of--

    This change modifies the computation of gift tax to align it with recent changes.

  • Internal Revenue Code of 1986, section 2505(a)

    ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $10,000,000, reduced by''. → ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $10,000,000, reduced by''.

    This change modifies the lifetime gift exemption for greater clarity and reflects updates made previously.

  • Internal Revenue Code of 1986, section 2505

    ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''.

    This addition provides for inflation adjustments to the gift tax exemption amount.

  • Internal Revenue Code of 1986, section 2505

    ``unified'' → ``Credit against gift tax.''.

    This amendment updates the heading of the section to reflect current terminology.

  • Internal Revenue Code of 1986, section 2801(a)(1)

    ``section 2001(c) as in effect on the date of such receipt'' → ``section 2502(a)(2)''.

    This change clarifies the reference in the context of the transfer tax.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Ways and Means.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation
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Frequently asked questions

What does HR 218 do?
Death Tax Repeal Act This bill repeals the estate and generation-skipping transfer taxes. It also makes conforming amendments related to the gift tax.
Who sponsors HR 218?
HR 218 is sponsored by Smith, Jason (Republican).
What is the current status of HR 218?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 218?
Track HR 218 free on One Click Politics — get push/email alerts when it moves.

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