26-U.S.C.-2703

§2703 – Certain Rights and Restrictions Disregarded

Pathway

Title 26 > Subtitle B > Chapter 14 > Section 2703

Details

• Reference: Section 2703
• Legend: §2703 – Certain Rights and Restrictions Disregarded
• USCode Year: 2013

Provision Content

(a) General rule

For purposes of this subtitle, the value of any property shall be determined without regard to—

(1) any option, agreement, or other right to acquire or use the property at a price less than the fair market value of the property (without regard to such option, agreement, or right), or

(2) any restriction on the right to sell or use such property.

(b) Exceptions

Subsection (a) shall not apply to any option, agreement, right, or restriction which meets each of the following requirements:

(1) It is a bona fide business arrangement.

(2) It is not a device to transfer such property to members of the decedents family for less than full and adequate consideration in money or moneys worth.

(3) Its terms are comparable to similar arrangements entered into by persons in an arms’ length transaction.

(Added Pub. L. 101–508, title XI, §11602(a), Nov. 5, 1990, 104 Stat. 1388–498.)

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