§20.2056A-1   Restrictions on allowance of marital deduction if surviving spouse is not a United States citizen.

(a) General rule.

(b) Marital deduction allowed if resident spouse becomes citizen.

(c) Special rules in the case of certain transfers subject to estate and gift tax treaties.

§20.2056A-2   Requirements for qualified domestic trust.

(a) In general.

(b) Qualified marital interest requirements.

(1) Property passing to QDOT.

(2) Property passing outright to spouse.

(3) Property passing under a nontransferable plan or arrangement.

(c) Statutory requirements.

(d) Additional requirements to ensure collection of the section 2056A estate tax.

(1) Security and other arrangements for payment of estate tax imposed under section 2056A(b)(1).

(2) Individual trustees.

(3) Annual reporting requirements.

(4) Request for alternate arrangement or waiver.

(5) Adjustment of dollar threshold and exclusion.

(6) Effective date and special rules.

§20.2056A-3   QDOT election.

(a) General rule.

(b) No partial elections.

(c) Protective elections.

(d) Manner of election.

§20.2056A-4   Procedures for conforming marital trusts and nontrust marital transfers to the requirements of a qualified domestic trust.

(a) Marital trusts.

(1) In general.

(2) Judicial reformations.

(3) Tolling of statutory assessment period.

(b) Nontrust marital transfers.

(1) In general.

(2) Form of transfer or assignment.

(3) Assets eligible for transfer or assignment.

(4) Pecuniary assignment—special rules.

(5) Transfer tax treatment of transfer or assignment.

(6) Period for completion of transfer.

(7) Retirement accounts and annuities.

(8) Protective assignment.

(c) Nonassignable annuities and other arrangements.

(1) Definition and general rule.

(2) Agreement to remit section 2056A estate tax on corpus portion of each annuity payment.

(3) Agreement to roll over corpus portion of annuity payment to QDOT.

(4) Determination of corpus portion.

(5) Information Statement.

(6) Agreement to pay section 2056A estate tax.

(7) Agreement to roll over annuity payments.

(d) Examples.

§20.2056A-5   Imposition of section 2056A estate tax.

(a) In general.

(b) Amounts subject to tax.

(1) Distribution of principal during the spouse's lifetime.

(2) Death of surviving spouse.

(3) Trust ceases to qualify as QDOT.

(c) Distributions and dispositions not subject to tax.

(1) Distributions of principal on account of hardship.

(2) Distributions of income to the surviving spouse.

(3) Certain miscellaneous distributions and dispositions.

§20.2056A-6   Amount of tax.

(a) Definition of tax.

(b) Benefits allowed in determining amount of section 2056A estate tax.

(1) General rule.

(2) Treatment as resident.

(3) Special rule in the case of trusts described in section 2056(b)(8).

(4) Credit for state and foreign death taxes.

(5) Alternate valuation and special use valuation.

(c) Miscellaneous rules.

(d) Examples.

§20.2056A-7   Allowance of prior transfer credit under section 2013.

(a) Property subject to QDOT election.

(b) Property not subject to QDOT election.

(c) Example.

§20.2056A-8   Special rules for joint property.

(a) Inclusion in gross estate.

(1) General rule.

(2) Consideration furnished by surviving spouse.

(3) Amount allowed to be transferred to QDOT.

(b) Surviving spouse becomes citizen.

(c) Examples.

§20.2056A-9   Designated Filer.

§20.2056A-10   Surviving spouse becomes citizen after QDOT established.

(a) Section 2056A estate tax no longer imposed under certain circumstances.

(b) Special election by spouse.

§20.2056A-11   Filing requirements and payment of the section 2056A estate tax.

(a) Distributions during surviving spouse's life.

(b) Tax at death of surviving spouse.

(c) Extension of time for paying section 2056A estate tax.

(1) Extension of time for paying tax under section 6161(a)(2).

(2) Extension of time for paying tax under section 6161(a)(1).

(d) Liability for tax.

§20.2056A-12   Increased basis for section 2056A estate tax paid with respect to distribution from a QDOT.

§20.2056A-13   Effective date.