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N.Y.U. Institute on Federal Taxation

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In essence, a disclaimer is a transfer that is not treated as a transfer for tax purposes. For where a person is entitled to receive an interest in property under a will or in the context of an inter vivos gift and disclaims ‒ i.e., refuses ‒ it, he or she is in effect making a transfer. Yet section 2518 provides that, where its requirements are satisfied, such a disclaimer (or refusal) is not to be treated as a transfer for transfer-tax purposes.



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