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By molina
Category: Law. Viewed 110 times. Created April 2014.     Disclaimer.   
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Estate Tax Consequences Is there a transfer of property?

               
 
 
 Is there a transfer? Of an interest in property?
NO
 No FET consequences





YES



 
Does the transfer occur during the donor's lifetime or at death?
 
 










During lifetime. Was it made within three years of death?

At death. Was D sole owner of property?
 


YES
NO





§2035 - if D hadn't made the transfer, would §§ 2036, 2037, 2038, or 2042 apply?
Did D relinquish dominion and control over property interest?
 
 
 


YES
NO





No immediate FET consequences. See FGT flowchart
What kind of interest or power did D retain?
 
 
 









Life estate. Included under §2036(a)(1)
Power over income, possession or enjoyment. Included under §2036(a)(2)
Reversion or possible reversion.