20.2014-7—Limitation on credit if a deduction for foreign death taxes is allowed under section 2053(d).
If a deduction is allowed under section 2053(d) for foreign death taxes paid with respect to a charitable gift, the credit for foreign death taxes is subject to special limitations. In such a case the property described in subparagraphs (A), (B), and (C) of paragraphs (1) and (2) of section 2014(b) shall not include any property with respect to which a deduction is allowed under section 2053(d). The application of this section may be illustrated by the following example:
Code of Federal Regulations
Distribution of the Estate | ||
Gross estate | $1,200,000.00 | |
Debts and charges | $40,000.00 | |
Bequest of U.S. corporation stock to niece | 400,000.00 | |
Bequest of country X corporation stock to nephew | 100,000.00 | |
Net Federal estate tax | 136,917.88 | |
676,917.88 | ||
Residue before country X tax | 523,082.12 | |
Country X succession tax on charity | 100,000.00 | |
Charitable deduction | 423,082.12 | |
Taxable Estate and Federal Estate Tax | ||
Gross estate | 1,200,000.00 | |
Debts and charges | 40,000.00 | |
Deduction of foreign death tax under section 2053(d) | 100,000.00 | |
Charitable deduction | 423,082.12 | |
Exemption | 60,000.00 | |
623,082.12 | ||
Taxable estate | 576,917.88 | |
Gross estate tax | 172,621.26 | |
Credit for State death taxes | 15,476.72 | |
Gross estate tax less credit for State death taxes | 157,144.54 | |
Credit for foreign death taxes | 20,226.66 | |
Net Federal estate tax | 136,917.88 | |
Credit for Foreign Death Taxes | ||
country x tax | ||
Succession tax on nephew: | ||
Value of stock of country X corporation | 100,000 | |
Tax (50% rate) | $50,000 | |
Succession tax on charity: | ||
Value of stock of country X corporation | 200,000 | |
Tax (50% rate) | 100,000 | |
computation of exclusion under section 2014(b) | ||
Value of situated in country X | 300,000 | |
Value of property in respect of which a deduction is allowed under section 2053(d) | 200,000 | |
Value of property situated within country X, subjected to tax, and included in gross estate as limited by section 2014(f) | 100,000 |
Code of Federal Regulations
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