26Title 26The US tax code, read & explained

26 U.S.C. § 2039

§ 2039. Annuities

216 words · amended 14 times · cited by 1 other sections

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Part of the code since 1954. Last changed October 22, 1986 by the Tax Reform Act of 1986.

Every change, newest first (15)
  1. October 22, 1986Tax Reform Act of 1986
  2. July 18, 1984Deficit Reduction Act of 1984
  3. January 12, 1983Public Law 97-448
  4. September 3, 1982Tax Equity and Fiscal Responsibility Act of 1982
  5. August 13, 1981Economic Recovery Tax Act of 1981
  6. April 1, 1980Public Law 96-222
  7. November 6, 1978Revenue Act of 1978
  8. October 4, 1976Tax Reform Act of 1976
  9. September 2, 1974Public Law 93-406
  10. October 27, 1972Public Law 92-580
  11. December 30, 1969Tax Reform Act of 1969
  12. March 8, 1966Public Law 89-365
  13. October 10, 1962Public Law 87-792
  14. September 2, 1958Public Law 85-866
  15. August 16, 1954Internal Revenue Code of 1954 (original text)

The law as written

Current through Public Law 119-102. Amendment notes omitted.

(a) General

The gross estate shall include the value of an annuity or other payment receivable by any beneficiary by reason of surviving the decedent under any form of contract or agreement entered into after March 3, 1931 (other than as insurance under policies on the life of the decedent), if, under such contract or agreement, an annuity or other payment was payable to the decedent, or the decedent possessed the right to receive such annuity or payment, either alone or in conjunction with another for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death.

(b) Amount includible

Subsection (a) shall apply to only such part of the value of the annuity or other payment receivable under such contract or agreement as is proportionate to that part of the purchase price therefor contributed by the decedent. For purposes of this section, any contribution by the decedent’s employer or former employer to the purchase price of such contract or agreement (whether or not to an employee’s trust or fund forming part of a pension, annuity, retirement, bonus or profit sharing plan) shall be considered to be contributed by the decedent if made by reason of his employment.