(1)

by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right,

(2)

by striking For purposes of and inserting the following:

(1) In general

For purposes of,

(3)

by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B), and

(4)

by adding at the end the following new paragraph:

(2) Additional requirements with respect to grantor retained annuity trusts

For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if—

(A)

the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 15 years and not more than the life expectancy of the annuitant plus 10 years,

(B)

such fixed amounts, when determined on an annual basis, do not decrease during the term described in subparagraph (A), and

(C)

the remainder interest has a value, as determined as of the time of the transfer, which is—

(i)

not less than an amount equal to the greater of—

(I)

25 percent of the fair market value of the property transferred to the trust, or

(II)

$500,000, and

(ii)

not greater than the fair market value of the property transferred to the trust.

(1)

to trusts created on or after the date of enactment of this Act, and

(2)

to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date.

(1)

by striking or at the end of paragraph (12),

(2)

by striking the period at the end of paragraph (13) and inserting ; or, and

(3)

by adding at the end the following new paragraph:

(14)

A grantor trust and the person treated as the owner of the trust (or portion thereof) under subpart E of part 1 of subchapter J of this chapter.

(1)

in subsection (a), by striking The term and inserting Subject to subsection (d), the term, and

(2)

by inserting after subsection (c) the following:

(d) Payment of tax on income of grantor trust

(1) In general

Notwithstanding subsections (b) and (e), an amount equal to the taxes paid on the income of an applicable grantor trust for any calendar year by a person who is the deemed owner of such trust (or portion thereof) shall be treated for purposes of this subtitle as a taxable gift made during such calendar year.

(2) Applicable grantor trust

For purposes of this subsection, the term applicable grantor trust means any trust—

(A)

with respect to which the taxpayer is considered an owner under subpart E of part I of subchapter J of chapter 1, and

(B)

which is not fully revocable by the taxpayer.

(3) Reimbursement by trust

Paragraph (1) shall not apply with respect to any amount paid by the deemed owner for any calendar year which is reimbursed by the applicable grantor trust during such calendar year.

(4) Date of gift

In the case of any amount treated for purposes of this subtitle as a taxable gift pursuant to paragraph (1), such gift shall be deemed to have occurred on the earlier of—

(A)

December 31 of the calendar year for which the tax is paid by the person who is the deemed owner,

(B)

the day before the date of the death of such person, or

(C)

the date on which such person renounces any right of reimbursement by the applicable grantor trust with respect to the calendar year for which the tax is paid by such person.

(5) Deemed owner

For purposes of this subsection, the term deemed owner has the same meaning given such term under section 1063(c).

(1)

Section 2522 of the Internal Revenue Code of 1986 is amended—

(2)

Section 2523 of such Code is amended by adding at the end the following new subsection:

(j) Denial of deduction for payment of tax on income of grantor trust

No deduction shall be allowed under this section for any amount which is treated as a gift by reason of section 2503(d).