Internal Revenue Code · 26 U.S.C.
§ 676. Power to revoke
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 676
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- October 22, 1986 by Pub. L. 99–514
- Length
- 2 subsections · 163 words · about 1 min to read
- Cross-references
- cites 1; cited by 2 Code sections and 8 other regulations
- Regulations
- 2 issued under this section
The grantor shall be treated as the owner of any portion of a trust, whether or not he is treated as such owner under any other provision of this part, where at any time the power to revest in the grantor title to such portion is exercisable by the grantor or a non-adverse party, or both.
Subsection (a) shall not apply to a power the exercise of which can only affect the beneficial enjoyment of the income for a period commencing after the occurrence of an event such that a grantor would not be treated as the owner under section 673 if the power were a reversionary interest. But the grantor may be treated as the owner after the occurrence of such event unless the power is relinquished.
(Aug. 16, 1954, ch. 736, 68A Stat. 230; Pub. L. 99–514, title XIV, § 1402(b)(2), Oct. 22, 1986, 100 Stat. 2712.)
Regulations under this section
Treasury regulations (26 CFR) issued under § 676
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 1 other section
Cited by 2 Code sections
- § 645(b)(1) Certain revocable trusts treated as part of estate
- § 2035(e) Adjustments for certain gifts made within 3 years of decedent’s death
Cited in 8 regulations not issued under it
- § 1.645-1 Election by certain revocable trusts to be treated as part of estate.
- § 1.671-1 Grantors and others treated as substantial owners; scope.
- § 1.672(d)-1 Power subject to condition precedent.
- § 1.672(f)-3 Exceptions to general rule.
- § 1.679-1 U.S. transferor treated as owner of foreign trust.
- § 1.679-5 Pre-immigration trusts.
- § 1.684-2 Transfers.
- § 1.1361-1 S corporation defined.
Amendment history
From the source credit and the official notes, newest first.
- Enacted by Pub. L. 99–514Parts changed in 1986: (b)(2)
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter J Estates, Trusts, Beneficiaries, and Decedents
- Part I ESTATES, TRUSTS, AND BENEFICIARIES
- Subpart E Grantors and Others Treated as Substantial Owners
Nearby sections
- § 672 Definitions and rules
- § 673 Reversionary interests
- § 674 Power to control beneficial enjoyment
- § 675 Administrative powers
- § 676 Power to revoke
- § 677 Income for benefit of grantor
- § 678 Person other than grantor treated as substantial owner
- § 679 Foreign trusts having one or more United States beneficiaries
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
Amendments
1986—Subsec. (b)(2). Pub. L. 99–514 substituted “occurrence of event” for “expiration of 10-year period” in heading and in text substituted “the occurrence of an event” for “the expiration of a period” and “the occurrence of such event” for “the expiration of such period”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable with respect to transfers in trust made after Mar. 1, 1986, except for transfers pursuant to a certain binding property settlement agreement, see section 1402(c) of Pub. L. 99–514, set out as a note under section 673 of this title.