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Sec. 2632 prop. regs. on electing out of deemed GST allocations.(generation skipping tax)

Tax Adviser, The, November, 2004 by Leggiero, Heather J.

The Economic Growth and Tax Relief Reconciliation Act. of 2001 amended Sec. 2632 to allow for deemed allocations of certain lifetime transfers to generation-skipping transfer (GST) trusts. Proposed regulations issued on July 13, 2004 (REG-153841-02) address how to elect out of these deemed allocations.

Background

The deemed-allocation rules applicable to indirect skips were designed to simplify the process, by removing the affirmative election to allocate the GST tax exemption, especially in instances in which the allocation was intended to be made, but inadvertently omitted. For indirect skips made during life after 2000, the transferors GST tax allocation is automatically applied as of the date of the transfer (for transfers subject to an estate tax...

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