Federal Generation Skipping Transfer Taxation: How Should the States Respond?

Abstract

This Article provides an explanation of the generation skipping transfer (GST) tax system and provides a proposal for uniform GST legislation. The Article first gives an overview of the federal GST tax system, and gives a detailed explanation of those provisions which apply in determining the federal credit for state GST taxes. It goes on to extensively consider the credit provision, section 2604 of the Internal Revenue Code of 1986. Next the author proposes that the states share in GST tax revenues by enacting a uniform state GST tax system. The Article recommends the simplest possible GST tax system in response to the complex federal tax system, considering various approaches to a uniform system and taking into account constitutional limitations. The Article concludes by recommending a specific system and by proposing key statutes.

Keywords: Federal generation-skipping transfer taxation, GST tax system, GST tax revenue, Federal tax