I 
115TH CONGRESS 
2D SESSION 
H. R. 5422 
To amend the Internal Revenue Code of 1986 to repeal the estate and 
generation-skipping transfer taxes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2018 
Mr. SMITH of Missouri (for himself, Mr. BISHOP of Georgia, and Mrs. NOEM) 
introduced the following bill; which was referred to the Committee on 
Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to repeal 
the estate and generation-skipping transfer taxes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Death Tax Repeal 
Act’’. 
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING 
TRANSFER TAXES. 
(a) ESTATE TAX REPEAL.— 
(1) IN GENERAL.—Subchapter C of chapter 11 
of subtitle B of the Internal Revenue Code of 1986 
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is amended by adding at the end the following new 
section: 
‘‘SEC. 2210. TERMINATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), this chapter shall not apply to the estates of decedents 
dying on or after the date of the enactment of the Death 
Tax Repeal Act. 
‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALIFIED 
DOMESTIC TRUSTS.—In applying section 2056A with re-
spect to the surviving spouse of a decedent dying before 
the date of the enactment of the Death Tax Repeal Act— 
‘‘(1) section 2056A(b)(1)(A) shall not apply to 
distributions made after the 10-year period begin-
ning on such date, and 
‘‘(2) section 2056A(b)(1)(B) shall not apply on 
or after such date.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter C of chapter 11 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new item: 
‘‘Sec. 2210. Termination.’’. 
(b) GENERATION-SKIPPING
TRANSFER
TAX
RE-
PEAL.— 
(1) IN GENERAL.—Subchapter G of chapter 13 
of subtitle B of such Code is amended by adding at 
the end the following new section: 
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‘‘SEC. 2664. TERMINATION. 
‘‘This chapter shall not apply to generation-skipping 
transfers on or after the date of the enactment of the 
Death Tax Repeal Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter G of chapter 13 of such Code 
is amended by adding at the end the following new 
item: 
‘‘Sec. 2664. Termination.’’. 
(c) CONFORMING AMENDMENTS RELATED TO GIFT 
TAX.— 
(1) COMPUTATION OF GIFT TAX.—Subsection 
(a) of section 2502 of the Internal Revenue Code of 
1986 is amended to read as follows: 
‘‘(a) COMPUTATION OF TAX.— 
‘‘(1) IN GENERAL.—The tax imposed by section 
2501 for each calendar year shall be an amount 
equal to the excess of— 
‘‘(A) a tentative tax, computed under para-
graph (2), on the aggregate sum of the taxable 
gifts for such calendar year and for each of the 
preceding calendar periods, over 
‘‘(B) a tentative tax, computed under para-
graph (2), on the aggregate sum of the taxable 
gifts for each of the preceding calendar periods. 
‘‘(2) RATE SCHEDULE.— 
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‘‘If the amount with respect 
to which the tentative tax 
to be computed is: 
The tentative tax is: 
Not over $10,000 ..........................
18% of such amount. 
Over 
$10,000 
but 
not 
over 
$20,000.
$1,800, plus 20% of the excess over 
$10,000. 
Over 
$20,000 
but 
not 
over 
$40,000.
$3,800, plus 22% of the excess over 
$20,000. 
Over 
$40,000 
but 
not 
over 
$60,000.
$8,200, plus 24% of the excess over 
$40,000. 
Over 
$60,000 
but 
not 
over 
$80,000.
$13,000, plus 26% of the excess over 
$60,000. 
Over 
$80,000 
but 
not 
over 
$100,000.
$18,200, plus 28% of the excess over 
$80,000. 
Over 
$100,000 
but 
not 
over 
$150,000.
$23,800, plus 30% of the excess over 
$100,000. 
Over 
$150,000 
but 
not 
over 
$250,000.
$38,800, plus 32% of the excess of 
$150,000. 
Over 
$250,000 
but 
not 
over 
$500,000.
$70,800, plus 34% of the excess over 
$250,000. 
Over $500,000 ...............................
$155,800, plus 35% of the excess of 
$500,000.’’. 
(2) LIFETIME GIFT EXEMPTION.— 
(A) IN GENERAL.—Paragraph (1) of sec-
tion 2505(a) of the Internal Revenue Code of 
1986 is amended to read as follows: 
‘‘(1) the amount of the tentative tax which 
would be determined under the rate schedule set 
forth in section 2502(a)(2) if the amount with re-
spect to which such tentative tax is to be computed 
were $10,000,000, reduced by’’. 
(B) 
INFLATION
ADJUSTMENT.—Section 
2505 of such Code is amended by adding at the 
end the following new subsection: 
‘‘(d) INFLATION ADJUSTMENT.— 
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‘‘(1) IN GENERAL.—In the case of any calendar 
year after 2011, the dollar amount in subsection 
(a)(1) shall be increased by an amount equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for such calendar 
year by substituting ‘calendar year 2010’ for 
‘calendar year 2016’ in subparagraph (B) 
thereof. 
‘‘(2) ROUNDING.—If any amount as adjusted 
under paragraph (1) is not a multiple of $10,000, 
such amount shall be rounded to the nearest mul-
tiple of $10,000.’’. 
(3) OTHER
CONFORMING
AMENDMENTS
RE-
LATED TO GIFT TAX.— 
(A) The heading for section 2505 of such 
Code is amended by striking ‘‘UNIFIED’’. 
(B) The item in the table of sections for 
subchapter A of chapter 12 of such Code relat-
ing to section 2505 is amended to read as fol-
lows: 
‘‘Sec. 2505. Credit against gift tax.’’. 
(C) Section 2801(a)(1) of such Code is 
amended by striking ‘‘section 2001(c) as in ef-
fect on the date of such receipt’’ and inserting 
‘‘section 2502(a)(2)’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to estates of decedents dying, gen-
eration-skipping transfers, and gifts made, on or after the 
date of the enactment of this Act. 
(e) TRANSITION RULE.— 
(1) IN
GENERAL.—For purposes of applying 
sections 1015(d), 2502, and 2505 of the Internal 
Revenue Code of 1986, the calendar year in which 
this Act is enacted shall be treated as two separate 
calendar years one of which ends on the day before 
the date of the enactment of this Act and the other 
of which begins on such date of enactment. 
(2) APPLICATION
OF
SECTION 2504(b).—For 
purposes of applying section 2504(b) of the Internal 
Revenue Code of 1986, the calendar year in which 
this Act is enacted shall be treated as one preceding 
calendar period. 
Æ 
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