text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Death Tax Repeal Act of 2015''.
  
  SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
  
      (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of 
  the Internal Revenue Code of 1986 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 of 2015.
      ``(b) Certain Distributions From Qualified Domestic Trusts.--In 
  applying section 2056A with respect to the surviving spouse of a 
  decedent dying before the date of the enactment of the Death Tax Repeal 
  Act of 2015--
              ``(1) section 2056A(b)(1)(A) shall not apply to 
          distributions made after the 10-year period beginning on such 
          date, and
              ``(2) section 2056A(b)(1)(B) shall not apply on or after 
          such date.''.
      (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of 
  chapter 13 of subtitle B of such Code is amended by adding at the end 
  the following new section:
  
  ``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 of 
  2015.''.
      (c) Conforming Amendments.--
              (1) The table of sections 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.''.
              (2) The table of sections for subchapter G of chapter 13 of 
          such Code is amended by adding at the end the following new 
          item:
  
  ``Sec. 2664. Termination.''.
      (d) Effective Date.--The amendments made by this section shall 
  apply to the estates of decedents dying, and generation-skipping 
  transfers, on or after the date of the enactment of this Act.
  
  SEC. 3. MODIFICATIONS OF GIFT TAX.
  
      (a) 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 paragraph 
                  (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 paragraph 
                  (2), on the aggregate sum of the taxable gifts for each 
                  of the preceding calendar periods.
              ``(2) Rate schedule.--
  
  
  ``If the amount with respect to which    The tentative tax is:
   the tentative tax to be computed 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.''.
   
  
      (b) Treatment of Certain Transfers in Trust.--Section 2511 of the 
  Internal Revenue Code of 1986 is amended by adding at the end the 
  following new subsection:
      ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any 
  other provision of this section and except as provided in regulations, 
  a transfer in trust shall be treated as a taxable gift under section 
  2503, unless the trust is treated as wholly owned by the donor or the 
  donor's spouse under subpart E of part I of subchapter J of chapter 
  1.''.
      (c) Lifetime Gift Exemption.--
              (1) In general.--Paragraph (1) of section 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 respect to which such tentative 
          tax is to be computed were $5,000,000, reduced by''.
              (2) Inflation adjustment.--Section 2505 of such Code is 
          amended by adding at the end the following new subsection:
      ``(d) Inflation Adjustment.--
              ``(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 determined 
                  under section 1(f)(3) for such calendar year by 
                  substituting `calendar year 2010' for `calendar year 
                  1992' 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 multiple of $10,000.''.
      (d) Conforming Amendments.--
              (1) The heading for section 2505 of such Code is amended by 
          striking ``unified''.
              (2) The item in the table of sections for subchapter A of 
          chapter 12 of such Code relating to section 2505 is amended to 
          read as follows:
  
  ``Sec. 2505. Credit against gift tax.''.
              (3) Section 2801(a)(1) of such Code is amended by striking 
          ``section 2001(c) as in effect on the date of such receipt'' 
          and inserting ``section 2502(a)(2)''.
      (e) Effective Date.--The amendments made by this section shall 
  apply to gifts made on or after the date of the enactment of this Act.
      (f) 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 
          2 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.
  
  SEC. 4. BUDGETARY EFFECTS.
  
      The budgetary effects of this Act shall not be entered on either 
  PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
  Pay-As-You-Go Act of 2010.
  
              Passed the House of Representatives April 16, 2015.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Death Tax Repeal Act of 2015  (Sec. 2) This bill amends the Internal Revenue Code to repeal the estate and generation-skipping transfer taxes for estates of decedents dying or for transfers made on or after the enactment date of this Act. In the case of assets placed in a qualified domestic trust by a decedent who dies prior to the enactment of this Act, the current estate tax will not apply to: (1) distributions from such trust before the death of a surviving spouse made more than 10 years after the enactment date of this Act, and (2) assets remaining in such trust upon the death of the surviving spouse. (Sec. 3) This section revises gift tax rates to lower the top rate to 35% and deems a transfer in trust to be a taxable gift unless the trust is treated as wholly-owned by the donor or the donor's spouse.  The lifetime exemption for gifts is set at $5 million with a cost-of-living adjustment for calendar years beginning after 2011. The adjusted exemption amount in 2015 is $5.43 million. (Sec. 4) The budgetary effects of this Act are exempted from entry on either PAYGO scorecard maintained under the Statutory Pay-As-You-Go Act of 2010. 
feat_title: Death Tax Repeal Act of 2015