Page:United States Statutes at Large Volume 115 Part 1.djvu/109

 PUBLIC LAW 107-16^JUNE 7, 2001 115 STAT. 87 "(2) UNUSED PORTION. —For purposes of paragraph (1), the unused portion of an individual's GST exemption is that portion of such exemption which has not previously been— "(A) allocated by such individual, "(B) treated as allocated under subsection (b) with respect to a direct skip occurring during or before the calendar year in which the indirect skip is made, or "(C) treated as allocated under paragraph (1) with respect to a prior indirect skip. "(3) DEFINITIONS. — "(A) INDIRECT SKIP. —For purposes of this subsection, the term 'indirect skip' means any transfer of property (other than a direct skip) subject to the tax imposed by chapter 12 made to a GST trust. "(B) GST TRUST.— The term 'GST trust' means a trust that could have a generation-skipping transfer with respect to the transferor unless— "(i) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons— "(I) before the date that the individual attains age 46, "(II) on or before one or more dates specified in the trust instrument that will occur before the date that such individual attains age 46, or "(III) upon the occurrence of an event that, in accordance with regulations prescribed by the Secretary, may reasonably be expected to occur before the date that such individual attains age 46, "(ii) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by one or more individuals who are non-skip persons and who are living on the date of death of another person identified in the instrument (by name or by class) who is more than 10 years older than such individuals, "(iii) the trust instrument provides that, if one or more individuals who are non-skip persons die on or before a date or event described in clause (i) or (ii), more than 25 percent of the trust corpus either must be distributed to the estate or estates of one or more of such individuals or is subject to a general power of appointment exercisable by one or more of such individuals, "(iv) the trust is a trust any portion of which would be included in the gross estate of a non-skip person (other than the transferor) if such person died immediately after the transfer, "(v) the trust is a charitable lead annuity trust (within the meaning of section 2642(e)(3)(A)) or a charitable remainder annuity trust or a charitable remainder unitrust (within the meaning of section 664(d)), or "(vi) the trust is a trust with respect to which a deduction was allowed under section 2522 for the

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