Family Business Legacy Act of 2018

To amend the Internal Revenue Code of 1986 to exclude from the value of taxable estates bequests to certain exempt organizations. 1. Short title This Act may be cited as the Family Business Legacy Act of 2018 2. Exclusion of bequests to certain exempt organizations from value of taxable estate (a) In general Part IV of subchapter A of chapter 11 2059. Bequests to certain exempt organizations (a) In general For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of all bequests, devises, or transfers to or for the use of any organization exempt from tax under section 501(a) and described in paragraph (4), (5), or (6) of section 501(c). (b) Powers of appointment Property includible in the decedent's gross estate under section 2041 (relating to powers of appointment) received by a donee described in this section shall, for purposes of this section, be considered a bequest of such decedent. (c) Death taxes payable out of bequests If the tax imposed by section 2001, or any estate, succession, legacy, or inheritance taxes, are, either by the terms of the will, by the law of the jurisdiction under which the estate is administered, or by the law of the jurisdiction imposing the particular tax, payable in whole or in part out of the bequests, legacies, or devises otherwise deductible under this section, then the amount deductible under this section shall be the amount of such bequests, legacies, or devises reduced by the amount of such taxes. (d) Limitation on deduction The amount of the deduction under this section for any transfer shall not exceed the value of the transferred property required to be included in the gross estate. (e) Disallowance of deductions in certain cases Where an interest in property (other than an interest described in section 170(f)(3)(B)) passes or has passed from the decedent to a person, or for a use, described in subsection (a), and an interest (other than an interest which is extinguished upon the decedent's death) in the same property passes or has passed (for less than an adequate and full consideration in money or money's worth) from the decedent to a person, or for a use, not described in subsection (a), no deduction shall be allowed under this section for the interest which passes or has passed to the person, or for the use, described in subsection (a) unless such interest, whether in the form of a remainder interest, lead interest, or any other interest, is in the form of qualified interest (within the meaning of section 2702(b)) and valued under the rules of section 7520. . (b) Conforming amendment The table of sections for part IV of subchapter A of chapter 11 is amended by inserting at the end the following new item: Sec. 2059. Bequests to certain exempt organizations. . (c) Effective date The amendments made by the section shall apply to estates of decedents dying or bequests, devises, or transfers made after December 31, 2018.

Summary: Family Business Legacy Act of 2018 This bill amends the Internal Revenue Code, with respect to the estate tax, to allow the value of the taxable estate to be determined by deducting from the value of the gross estate the amount of all bequests, devises, or transfers to or for the use of certain tax-exempt organizations. The deduction allowed by this bill for any transfer may not exceed the value of the transferred property required to be included in the gross estate.