The application of §§ 20.2013-1 to 20.2013-5 may be further illustrated by the following examples:
A's gross estate | $1,000,000.00 | |
Expenses, indebtedness, etc. | 90,000.00 | |
A's adjusted gross estate | 910,000.00 | |
Marital deduction | $100,000.00 | |
Exemption | 60,000.00 | |
160,000.00 | ||
A's taxable estate | 750,000.00 | |
A's gross estate tax | 233,200.00 | |
Credit for State death taxes | 23,280.00 | |
A's net estate tax payable | 209,920.00 | |
"First limitation" = $209,920.00 (§ 20.2013-2(b) ) * [($200,000.00 - $100,000.00) (§ 20.2013-4 ) ÷ ($750,000.00 - $209,920.00 - $23,280.00 + $60,000.00) (§ 20.2013-2(c) )] | $36,393.90 |
B's gross estate | $500,000.00 | |
Expenses, indebtedness, etc. | $40,000.00 | |
Charitable deduction | 150,000.00 | |
Exemption | 60,000.00 | |
250,000.00 | ||
B's taxable estate | 250,000.00 | |
B's gross estate tax | $65,700.00 | |
Credit for State death taxes | 3,920.00 | |
B's net estate tax payable | 61,780.00 |
B's gross estate | $400,000.00 | |
Expenses, indebtedness, etc | $40,000.00 | |
Charitable deduction (§ 20.2013-3(b) ) = $150,000.00 - [$150,000.00 * ($200,000.00 - $100,000.00 ÷ $500,000.00 - $40,000.00)] | 117,391.30 | |
Exemption | 60,000.00 | |
217,391.30 | ||
B's taxable estate | 182,608.70 | |
B's gross estate tax | 45,482.61 | |
Credit for State death taxes | 2,221.61 | |
B's net estate tax payable | 43,260.00 |
Subparagraph (1) | $61,780.00 | |
Less: Subparagraph (2) | 43,260.00 | |
$18,520.00 |
Credit for tax on prior transfers = $18,520.00 (lower of paragraphs (b) and (c)) * 100 percent (percentage to be taken into account under § 20.2013-1(c) ) | $18,520.00 |
"First limitation" = $36,393.90 (this computation is identical with the one contained in paragraph (b) of example (1) of this section).
C's gross estate | $250,000.00 | |
Expenses, indebtedness, etc. | $50,000.00 | |
Exemption | $60,000.00 | |
$110,000.00 | ||
C's taxable estate | 140,000.00 | |
C's gross estate tax | 32,700.00 | |
Credit for State death taxes | 1,200.00 | |
C's net estate tax payable | 31,500.00 | |
"First limitation" = $31,500.00 (§ 20.2013-2(b) ) * [$50,000.00 (§ 20.2013-4 ) ÷ ($140,000.00 - $31,500.00 - $1,200.00 + $60,000.00) (§ 20.2013-2(c) )] | $9,414.23 |
B's gross estate | $350,000.00 | |
Expenses, indebtedness, etc | $40,000.00 | |
Charitable deduction (§ 20.2013-3(b) ) = $150,000.00 - [$150,000.00 * ($200,000.00 - $100,000.00 + $50,000.00) ÷ ($500,000.00 - $40,000.00)] | 101,086.96 | |
Exemption | 60,000.00 | |
201,086.96 | ||
B's taxable estate | 148,913.04 | |
B's gross estate tax | 35,373.91 | |
Credit for State death taxes | 1,413.91 | |
B's net estate tax payable | 33,960.00 |
Subparagraph (1) | $61,780.00 | |
Less: Subparagraph (2) | 33,960.00 | |
$27,820.00 |
Transfer from A (§ 20.2013-4 ) | $100,000.00 |
Transfer from C (§ 20.2013-4 ) | 50,000.00 |
Total | 150,000.00 |
Portion of "second limitation" attributable to transfer from A (100/150 of $27,820.00) | 18,546.67 |
Portion of "second limitation" attributable to transfer from C (50/150 of $27,820.00) | 9,273.33 |
Credit for tax on transfer from A= | |
$18,546.67 (lower of "first limitation" computed in paragraph (b)(1) and "second limitation" apportioned to A's transfer in paragraph (c)(4)) * 100 percent (percentage to be taken into account under § 20.2013-1(c) ) | $18,546.67 |
Credit for tax on transfer from C= | |
$9,273.33 (lower of "first limitation" computed in paragraph (b)(2) and "second limitation" apportioned to B's transfer in paragraph (c)(4)) * 80 percent (percentage to be taken into account under § 20.2013-1(c) ) | 7,418.66 |
Total credit for tax on prior transfers | 25,965.33 |
26 C.F.R. §20.2013-6