[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1437 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1437
To amend the Internal Revenue Code of 1986 to reduce the maximum estate
and gift tax rate to 45 percent, to replace the unified credit against
the estate and gift tax with a unified exemption amount, and to
increase the gift exclusion amount.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Collins (for himself, Mr. Norwood, Mr. Deal of Georgia, and Mr.
Chambliss) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to reduce the maximum estate
and gift tax rate to 45 percent, to replace the unified credit against
the estate and gift tax with a unified exemption amount, and to
increase the gift exclusion amount.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Relief Act of 2001''.
SEC. 2. MAXIMUM ESTATE AND GIFT TAX RATE REDUCED TO 45 PERCENT.
(a) In General.--The table contained in section 2001(c)(1) of the
Internal Revenue Code of 1986 is amended by striking the four highest
brackets and inserting the following:
``Over $1,500,000..............
$555,800, plus 45% of the
excess over
$1,500,000.''.
(b) Repeal of Phaseout of Graduated Rates.--
(1) In general.--Subsection (c) of section 2001 of such
Code is amended by striking paragraph (2).
(2) Conforming amendment.--Section 2001(c) is amended by
striking ``(1) In
general.--'' and moving the text 2 ems to the left.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2000.
SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES REPLACED WITH
UNIFIED EXEMPTION AMOUNT.
(a) In General.--
(1) Estate tax.--Subsection (b) of section 2001 of the
Internal Revenue Code of 1986 (relating to computation of tax)
is amended to read as follows:
``(b) Computation of Tax.--
``(1) In general.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(A) the tentative tax determined under paragraph
(2), over
``(B) the aggregate amount of tax which would have
been payable under chapter 12 with respect to gifts
made by the decedent after December 31, 1976, if the
provisions of subsection (c) (as in effect at the
decedent's death) had been applicable at the time of
such gifts.
``(2) Tentative tax.--For purposes of paragraph (1), the
tentative tax determined under this paragraph is a tax computed
under subsection (c) on the excess of--
``(A) the sum of--
``(i) the amount of the taxable estate, and
``(ii) the amount of the adjusted taxable
gifts, over
``(B) the exemption amount.
``(3) Exemption amount.--For purposes of paragraph (2), the
term `exemption amount' means $10,000,000.
``(4) Adjusted taxable gifts.--For purposes of paragraph
(2), the term `adjusted taxable gifts' means the total amount
of the taxable gifts (within the meaning of section 2503) made
by the decedent after December 31, 1976, other than gifts which
are includible in the gross estate of the decedent.''.
(2) Gift tax.--Subsection (a) of section 2502 of such Code
(relating to computation of tax) is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be the amount equal to the excess (if any)
of--
``(A) the tentative tax determined under paragraph
(2) for such calendar year, over
``(B) the aggregate amount of tax that would have
been payable under this chapter with respect to gifts
made by the donor in preceding calendar periods if the
tax had been computed under the provisions of section
2001(c) as in effect for such calendar year.
``(2) Tentative tax.--For purposes of paragraph (1), the
tentative tax determined under this paragraph for a calendar
year is a tax computed under section 2001(c) on the excess of--
``(A) the aggregate sum of the taxable gifts for
such calendar year and for each of the preceding
calendar periods, over
``(B) the exemption amount under section 2001(b)(3)
for such calendar year.''.
(b) Repeal of Unified Credits.--
(1) Section 2010 of such Code (relating to unified credit
against estate tax) is hereby repealed.
(2) Section 2505 of such Code (relating to unified credit
against gift tax) is hereby repealed.
(c) Conforming Amendments.--
(1)(A) Subsection (b) of section 2011 of such Code is
amended--
(i) by striking ``adjusted'' in the table; and
(ii) by striking the last sentence.
(B) Subsection (f) of section 2011 of such Code is amended
by striking ``, reduced by the amount of the unified credit
provided by section 2010''.
(2) Subsection (a) of section 2012 of such Code is amended
by striking ``and the unified credit provided by section
2010''.
(3) Subparagraph (A) of section 2013(c)(1) of such Code is
amended by striking ``2010,''.
(4) Paragraph (2) of section 2014(b) of such Code is
amended by striking ``2010, 2011,'' and inserting ``2011''.
(5) Clause (ii) of section 2056A(b)(12)(C) of such Code is
amended to read as follows:
``(ii) to treat any reduction in the tax
imposed by paragraph (1)(A) by reason of the
credit allowable under section 2010 (as in
effect on the day before the date of the
enactment of the Estate Tax Relief Act of 2001)
or the exemption amount allowable under section
2001(b) with respect to the decedent as a
credit under section 2505 (as so in effect) or
exemption under section 2501 (as the case may
be) allowable to such surviving spouse for
purposes of determining the amount of the
exemption allowable under section 2501 with
respect to taxable gifts made by the surviving
spouse during the year in which the spouse
becomes a citizen or any subsequent year,''.
(6)(A) Section 2057 of such Code is repealed and the table
of sections for part IV of subchapter A of chapter 11 of such
Code is amended by striking the item relating to section 2057.
(B) Paragraph (10) of section 2031(c) of such Code is
amended by inserting ``(as in effect on the day before the date
of the enactment of this parenthetical)'' before the period.
(7) Subsection (b) of section 2101 of such Code is amended
to read as follows:
``(b) Computation of Tax.--
``(1) In general.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(A) the tentative tax determined under paragraph
(2), over
``(B) a tentative tax computed under section
2001(c) on the amount of the adjusted taxable gifts.
``(2) Tentative tax.--For purposes of paragraph (1), the
tentative tax determined under this paragraph is a tax computed
under section 2001(c) on the excess of--
``(A) the sum of--
``(i) the amount of the taxable estate, and
``(ii) the amount of the adjusted taxable
gifts, over
``(B) the exemption amount for the calendar year in
which the decedent died.
``(3) Exemption amount.--
``(A) In general.--The term `exemption amount'
means $60,000.
``(B) Residents of possessions of the united
states.--In the case of a decedent who is considered to
be a nonresident not a citizen of the United States
under section 2209, the exemption amount under this
paragraph shall be the greater of--
``(i) $60,000, or
``(ii) that proportion of $175,000 which
the value of that part of the decedent's gross
estate which at the time of his death is
situated in the United States bears to the
value of his entire gross estate wherever
situated.
``(C) Special rules.--
``(i) Coordination with treaties.--To the
extent required under any treaty obligation of
the United States, the exemption amount allowed
under this paragraph shall be equal to the
amount which bears the same ratio to the
exemption amount under section 2001(b)(3) (for
the calendar year in which the decedent died)
as the value of the part of the decedent's
gross estate which at the time of his death is
situated in the United States bears to the
value of his entire gross estate wherever
situated. For purposes of the preceding
sentence, property shall not be treated as
situated in the United States if such property
is exempt from the tax imposed by this
subchapter under any treaty obligation of the
United States.
``(ii) Coordination with gift tax exemption
and unified credit.--If an exemption has been
allowed under section 2501 (or a credit has
been allowed under section 2505 as in effect on
the day before the date of the enactment of the
Estate Tax Relief Act of 2001) with respect to
any gift made by the decedent, each dollar
amount contained in subparagraph (A) or (B) or
the exemption amount applicable under clause
(i) of this subparagraph (whichever applies)
shall be reduced by the exemption so allowed
under section 2501 (or, in the case of such a
credit, by the amount of the gift for which the
credit was so allowed).''.
(8) Section 2102 of such Code is amended by striking
subsection (c).
(9)(A) Paragraph (1) of section 2107(a) of such Code is
amended by striking ``the table contained in''.
(B) Paragraph (1) of section 2107(c) of such Code is
amended to read as follows:
``(1) Exemption amount.--For purposes of subsection (a),
the exemption amount under section 2001 shall be $60,000.''
(C) Paragraph (3) of section 2107(c) of such Code is
amended by striking the second sentence.
(D) The heading of subsection (c) of section 2107 of such
Code is amended to read as follows:
``(c) Exemption Amount and Credits.--''.
(10) Paragraph (1) of section 6018(a) of such Code is
amended by striking ``the applicable exclusion amount in effect
under section 2010(c)'' and inserting ``the exemption amount
under section 2001(b)(3)''.
(11) Subparagraph (A) of section 6601(j)(2) of such Code is
amended to read as follows:
``(A) the amount of the tentative tax which would
be determined under the rate schedule set forth in
section 2001(c) if the amount with respect to which
such tentative tax is to be computed were $1,000,000,
or''.
(12) The table of sections for part II of subchapter A of
chapter 11 of such Code is amended by striking the item
relating to section 2010.
(13) The table of sections for subchapter A of chapter 12
of such Code is amended by striking the item relating to
section 2505.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2000.
SEC. 4. INCREASE IN ANNUAL GIFT EXCLUSION AMOUNT.
(a) In General.--Paragraph (1) of section 2503(b) of the Internal
Revenue Code of 1986 (relating to general exclusion from gifts) is
amended by striking ``$10,000'' and inserting ``$50,000''.
(b) Inflation Adjustment.--Paragraph (2) of section 2503(b) of such
Code is amended--
(1) by striking ``$10,000'' both places it appears and
inserting ``$50,000'',
(2) by striking ``1998'' and inserting ``2001'', and
(3) by striking ``1997'' and inserting ``2000''.
(c) Conforming Amendment.--Section 2523(i)(2) of such Code is
amended by striking ``$10,000'' and inserting ``$50,000''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2000.
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