Elimination of generation-skipping transfer tax exemption for transfers to certain persons

(a) In general Section 2642 is amended by adding at the end the following new subsection: (h) Elimination of GST exemption for transfers to certain persons (1) In general (A) Transfer to non-exempt person In the case of any direct skip or taxable distribution made to any person who is not an exempt person, the inclusion ratio shall be 1. (B) Taxable termination In the case of any taxable termination which occurs at any time immediately after no exempt person is a beneficiary of the trust, the inclusion ratio shall be 1. (C) Exempt person (i) In general For purposes of this subsection, the term exempt person means— (I) a natural person— (aa) who is assigned to a generation which is 2 or fewer generations below the generation assignment of the transferor, or (bb) whose date of birth precedes the date on which the trust was created, or (II) a trust in which all interests are held by persons described in subclause (I). (ii) Exception For purposes of clause (i)(II), any interest which is used primarily to postpone or avoid the application of this subsection shall be disregarded. (2) Date of creation (A) In general For purposes of determining the date on which a trust was created under paragraph (1)(C)(i)(I)(bb), if the trust was created before January 1, 2026, such trust shall be deemed to have been created on January 1, 2026. (B) Date of creation of pour-over trusts (i) In general In the case of any generation-skipping transfer of property which involves the transfer of property from one trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of— (I) the date of the creation of such transferee trust, or (II) the date of the creation of the transferor trust. (ii) Multiple transfers In the case of multiple transfers to which clause (i) applies— (I) the date of the creation of the transferor trust shall be determined under such clause, and (II) subsequent to the determination described in subclause (I), the date of the creation of the transferee trust shall be determined under such clause. (3) Generation assignment For purposes of this subsection, the provisions of section 2653(a) shall not apply. (4) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection.. (b) Repeal Section 1433(b)(2) of the Tax Reform Act of 1986 (Public Law 99–514) is repealed. (c) Effective dates (1) In general The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Repeal The amendment made by subsection (b) shall apply to generation-skipping transfers (within the meaning of section 2611 of the Internal Revenue Code of 1986) made after the date of enactment of this Act.