U.S. Code > Title 26 Internal Revenue Code > Subtitle B—Estate and Gift Taxes (§§ 2001—2801) > CHAPTER 13—TAX ON GENERATION-SKIPPING TRANSFERS (§§ 2601—2664) > Subchapter B—Generation-Skipping Transfers (§§ 2611—2614) > § 2612. Taxable termination; taxable distribution; direct skip

§ 2612. Taxable termination; taxable distribution; direct skip

(a) Taxable termination
(1) General rule
For purposes of this chapter, the term “taxable termination” means the termination (by death, lapse of time, release of power, or otherwise) of an interest in property held in a trust unless—
(A) immediately after such termination, a non-skip person has an interest in such property, or
(B) at no time after such termination may a distribution (including distributions on termination) be made from such trust to a skip person.
(2) Certain partial terminations treated as taxable
If, upon the termination of an interest in property held in trust by reason of the death of a lineal descendant of the transferor, a specified portion of the trust’s assets are distributed to 1 or more skip persons (or 1 or more trusts for the exclusive benefit of such persons), such termination shall constitute a taxable termination with respect to such portion of the trust property.
(b) Taxable distribution
For purposes of this chapter, the term “taxable distribution” means any distribution from a trust to a skip person (other than a taxable termination or a direct skip).
(c) Direct skip
For purposes of this chapter—
(1) In general
The term “direct skip” means a transfer subject to a tax imposed by chapter 11 or 12 of an interest in property to a skip person.
(2) Look-thru rules not to apply
Solely for purposes of determining whether any transfer to a trust is a direct skip, the rules of section 2651 (f)(2) shall not apply.