Treasury Regulations (26 C.F.R.)
26 CFR § 20.2013-6
Examples.
The application of §§ 20.2013-1 to 20.2013-5 may be further illustrated by the following examples:
Example (1).
(a) A died December 1, 1953, leaving a gross estate of $1,000,000. Expenses, indebtedness, etc., amounted to $90,000. A bequeathed $200,000 to B, his wife, $100,000 of which qualified for the marital deduction. B died November 1, 1954, leaving a gross estate of $500,000. Expenses, indebtedness, etc., amounted to $40,000. B bequeathed $150,000 to charity. A and B were both citizens of the United States. The estates of A and B both paid State death taxes equal to the maximum credit allowable for State death taxes. Death taxes were not a charge on the bequest to B.
(b) “First limitation” on credit for B's estate (§ 20.2013-2):
| A's gross estate | $1,000,000.00 | |
| Expenses, indebtedness, etc. | 90,000.00 | |
| A's adjusted gross estate | 910,000.00 | |
| Marital deduction | $100,000.00 | |
| Exemption | 60,000.00 | |
| 160,000.00 | ||
| A's taxable estate | 750,000.00 | |
| A's gross estate tax | 233,200.00 | |
| Credit for State death taxes | 23,280.00 | |
| A's net estate tax payable | 209,920.00 | |
| “First limitation” = $209,920.00 (§ 20.2013-2(b)) × [($200,000.00 − $100,000.00) (§ 20.2013-4) ÷ ($750,000.00 − $209,920.00 − $23,280.00 + $60,000.00) (§ 20.2013-2(c))] | $36,393.90 | |
(c) “Second limitation” on credit for B's estate (§ 20.2013-3):
(1) B's net estate tax payable as described in § 20.2013-3(a)(1) (previously taxed transfer included):
| B's gross estate | $500,000.00 | |
| Expenses, indebtedness, etc. | $40,000.00 | |
| Charitable deduction | 150,000.00 | |
| Exemption | 60,000.00 | |
| 250,000.00 | ||
| B's taxable estate | 250,000.00 | |
| B's gross estate tax | $65,700.00 | |
| Credit for State death taxes | 3,920.00 | |
| B's net estate tax payable | 61,780.00 | |
(2) B's net estate tax payable as described in § 20.2013-3(a)(2) (previously taxed transfer excluded):
| B's gross estate | $400,000.00 | |
| Expenses, indebtedness, etc | $40,000.00 | |
| Charitable deduction (§ 20.2013-3(b)) = $150,000.00 − [$150,000.00 × ($200,000.00 − $100,000.00 ÷ $500,000.00 − $40,000.00)] | 117,391.30 | |
| Exemption | 60,000.00 | |
| 217,391.30 | ||
| B's taxable estate | 182,608.70 | |
| B's gross estate tax | 45,482.61 | |
| Credit for State death taxes | 2,221.61 | |
| B's net estate tax payable | 43,260.00 | |
(3) “Second limitation”:
| Subparagraph (1) | $61,780.00 | |
| Less: Subparagraph (2) | 43,260.00 | |
| $18,520.00 |
(d) Credit of B's estate for tax on prior transfers (§ 20.2013-1(c)):
| Credit for tax on prior transfers = $18,520.00 (lower of paragraphs (b) and (c)) × 100 percent (percentage to be taken into account under § 20.2013-1(c)) | $18,520.00 |
Example (2).
(a) The facts are the same as those contained in example (1) of this paragraph with the following additions. C died December 1, 1950, leaving a gross estate of $250,000. Expenses, indebtedness, etc., amounted to $50,000. C bequeathed $50,000 to B. C was a citizen of the United States. His estate paid State death taxes equal to the maximum credit allowable for State death taxes. Death taxes were not a charge on the bequest to B.
(b) “First limitation” on credit for B's estate (§ 20.2013-2(d))−
(1) With respect to the property received from A:
“First limitation” = $36,393.90 (this computation is identical with the one contained in paragraph (b) of example (1) of this section).
(2) With respect to the property received from C:
| C's gross estate | $250,000.00 | |
| Expenses, indebtedness, etc. | $50,000.00 | |
| Exemption | $60,000.00 | |
| $110,000.00 | ||
| C's taxable estate | 140,000.00 | |
| C's gross estate tax | 32,700.00 | |
| Credit for State death taxes | 1,200.00 | |
| C's net estate tax payable | 31,500.00 | |
| “First limitation” = $31,500.00 (§ 20.2013-2(b)) × [$50,000.00 (§ 20.2013-4) ÷ ($140,000.00 − $31,500.00 − $1,200.00 + $60,000.00) (§ 20.2013-2(c))] | $9,414.23 | |
(c) “Second limitation” on credit for B's estate (§ 20.2013-3(c)):
(1) B's net estate tax payable as described in § 20.2013-3(a)(1) (previously taxed transfers included) = $61,780.00 (this computation is identical with the one contained in paragraph (c)(1) of example (1) of this section).
(2) B's net estate tax payable as described in § 20.2013-3(a)(2) (previously taxed transfers excluded):
| B's gross estate | $350,000.00 | |
| Expenses, indebtedness, etc | $40,000.00 | |
| Charitable deduction (§ 20.2013-3(b)) = $150,000.00 − [$150,000.00 × ($200,000.00 − $100,000.00 + $50,000.00) ÷ ($500,000.00 − $40,000.00)] | 101,086.96 | |
| Exemption | 60,000.00 | |
| 201,086.96 | ||
| B's taxable estate | 148,913.04 | |
| B's gross estate tax | 35,373.91 | |
| Credit for State death taxes | 1,413.91 | |
| B's net estate tax payable | 33,960.00 | |
(3) “Second limitation”:
| Subparagraph (1) | $61,780.00 | |
| Less: Subparagraph (2) | 33,960.00 | |
| $27,820.00 |
(4) Apportionment of “second limitation” on credit:
| Transfer from A (§ 20.2013-4) | $100,000.00 |
| Transfer from C (§ 20.2013-4) | 50,000.00 |
| Total | 150,000.00 |
| Portion of “second limitation” attributable to transfer from A (100/150 of $27,820.00) | 18,546.67 |
| Portion of “second limitation” attributable to transfer from C (50/150 of $27,820.00) | 9,273.33 |
(d) Credit of B's estate for tax on prior transfers (§ 20.2013-1(c)):
| Credit for tax on transfer from A= | |
| $18,546.67 (lower of “first limitation” computed in paragraph (b)(1) and “second limitation” apportioned to A's transfer in paragraph (c)(4)) × 100 percent (percentage to be taken into account under § 20.2013-1(c)) | $18,546.67 |
| Credit for tax on transfer from C= | |
| $9,273.33 (lower of “first limitation” computed in paragraph (b)(2) and “second limitation” apportioned to B's transfer in paragraph (c)(4)) × 80 percent (percentage to be taken into account under § 20.2013-1(c)) | 7,418.66 |
| Total credit for tax on prior transfers | 25,965.33 |
Source: view the official text
In this part (40 sections)
- 20.0-1 · Introduction.
- 20.0-2 · General description of tax.
- 20.2001-1 · Valuation of adjusted taxable gifts and section 2701(d)…
- 20.2001-2 · Valuation of adjusted taxable gifts for purposes of…
- 20.2002-1 · Liability for payment of tax.
- 20.2010-0 · Table of contents.
- 20.2010-1 · Unified credit against estate tax; in general.
- 20.2010-2 · Portability provisions applicable to estate of a decedent…
- 20.2010-3 · Portability provisions applicable to the surviving spouse's…
- 20.2011-1 · Credit for State death taxes.
- 20.2011-2 · Limitation on credit if a deduction for State death taxes…
- 20.2012-1 · Credit for gift tax.
- 20.2013-1 · Credit for tax on prior transfers.
- 20.2013-2 · “First limitation”.
- 20.2013-3 · “Second limitation”.
- 20.2013-4 · Valuation of property transferred.
- 20.2013-5 · “Property” and “transfer” defined.
- 20.2013-6 · Examples.
- 20.2014-1 · Credit for foreign death taxes.
- 20.2014-2 · “First limitation”.
- 20.2014-3 · “Second limitation”.
- 20.2014-4 · Application of credit in cases involving a death tax…
- 20.2014-5 · Proof of credit.
- 20.2014-6 · Period of limitations on credit.
- 20.2014-7 · Limitation on credit if a deduction for foreign death taxes…
- 20.2015-1 · Credit for death taxes on remainders.
- 20.2016-1 · Recovery of death taxes claimed as credit.
- 20.2031-0 · Table of contents.
- 20.2031-1 · Definition of gross estate; valuation of property.
- 20.2031-2 · Valuation of stocks and bonds.
- 20.2031-3 · Valuation of interests in businesses.
- 20.2031-4 · Valuation of notes.
- 20.2031-5 · Valuation of cash on hand or on deposit.
- 20.2031-6 · Valuation of household and personal effects.
- 20.2031-7 · Valuation of annuities, interests for life or term of…
- 20.2031-8 · Valuation of certain life insurance and annuity contracts;…
- 20.2031-9 · Valuation of other property.
- 20.2032-1 · Alternate valuation.
- 20.2032A-3 · Material participation requirements for valuation of…
- 20.2032A-4 · Method of valuing farm real property.