SECTION 2-1114. Uniform Probate Code TAX QUALIFIED DISCLAIMER

SECTION 2-1114. TAX QUALIFIED DISCLAIMER. Notwithstanding any other provision of this [part], if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this [part].

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Legislative Note: States with constitutions that prohibit a dynamic reference to federal law (“as now or hereafter amended, or any successor statute thereto”) may wish to refer instead to Title 26 of the United States Code as it exists on a specified date. See, e.g., Ariz. Rev. Stat. sec. 14-10014; Or. Rev. Stat. sec. 105.645.”
Comment
This section coordinates the Act with the requirements of a qualified disclaimer for transfer tax purposes under IRC § 2518. Any disclaimer which is qualified for estate and gift tax purposes is a valid disclaimer under this Act even if its does not otherwise meet the Act’s more specific requirements.