Transfer Tax Reform Act of 1981

Transfer Tax Reform Act of 1981 - Amends the Internal Revenue Code to increase the unified credit against the estate and gift taxes from $47,000 to $155,800 by specified annual increments through 1985. Increases from $175,000 to $500,000, by specified annual increments through 1985, the minimum gross estate requirement for filing of a return.

Increases from $3,000 to $10,000 the annual gift tax exclusion. States that gifts made within three years of a decedent's death shall be valued as of the time of transfer rather than as of the date of death.

Allows an individual to elect to pay a gift tax rather than use the unified tax-credit.

Revises the formula for computation of the estate tax to value gifts for preceding calendar years and quarters at their value used in computing the tax for the last preceding calendar year or quarter for which a gift tax was payable.

Revises the definition of "qualified real property," for purposes of the special use valuation, to: (1) eliminate the requirement that the property be used on the date of the decedent's death for a qualified use; and (2) allow such valuation for real property which is put to a qualified use by a member of the decedent's family.

Qualifies estates of decedents who were disabled or retired for the special valuation of certain farms based on use if such decedents materially participated in the operation of the farm for five out of eight years preceding the year in which they became disabled or eligible for disability benefits, under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Permits the spouse of a decedent to use such valuation if the spouse has managed the farm or business for ten years preceding the decedent's death or takes over active management upon the decedent's death. Qualifies the owner of a woodland for the special use valuation if the owner or a member of the owner's family actively managed the property for ten years prior to the owner's death. Includes as property qualified for the valuation certain future and partial interests.

Reduces from 15 to ten years the length of time a qualified property must be held and put to a qualified use following the decedent's death before it can be disposed of without incurring a recapture of estate tax benefits. Permits active management rather than material participation as a test for qualification of the estate for spouses, children under 21, students, and disabled individuals who receive property from a decedent who qualified for special use valuation.

Modifies the formula for recapture upon partial disposition of qualified property to include in the calculation of the additional tax imposed the adjusted tax difference attributable to the property disposed of or ceased to be used for a qualified use.

Increases from $500,000 to $1,000,000, by specified annual increments through 1986, the limitation on the aggregate decrease in the value of property to which the special use valuation is applied.

Allows the like kind exchange of property without loss of special use valuation eligibility. Permits, for purposes of calculating the five-year period required for qualification of real property, the aggregation of periods with respect to exchange property with those with respect to property included in the gross estate. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. Alters the method of valuing farms and woodlands and provides an alternate discount method of valuation. Allows the election of the step-up in basis in the case of recapture upon disposition or cessation of the qualified use of property. Imposes interest upon the recapture tax in the event of such election.

Expands the definition of "member of the family," for purposes of determining special use valuation eligibility, to include members of a spouse's family.

Permits a parent or legal representative of a person under a legal disability to sign an agreement to the application of recapture provisions on behalf of such person.

Applies the special use valuation provisions to property held in trust as through the decedent or heir had a direct interest in the property.

Expands the conditions under which such property is deemed to have been acquired from the decedent to include: (1) exercise of purchase options; (2) payments by the terms of the will or trust; or (3) purchase from the estate or trust.

Specifies that the estate tax deductions for indebtedness shall not be reduced if the value of the property is determined by applying the special use valuation.

Modifies the alternate extension of time for payment of the estate tax where the estate consists largely of an interest in a closely held business to: (1) allow an installment payment election if the value of the interest in the closely held business is either 35 percent of the value of the gross estate or 50 percent of the taxable estate; (2) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (3) permit payment, but with a penalty, of an installment within six months after the due date. Revises rules for determining whether property qualifies as an interest in a closely held business with respect to property included in the gross estate which is transferred prior to death and ownership of assets leased to or used by a family-owned business.

Revises disclaimer rules with respect to: (1) notice and acceptance of the interest or its benefits; (2) partial disclaimers; (3) powers of appointment; and (4) disclaimers which are ineffective under State law.