[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.170A-12]

[Page 129-133]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.170A-12  Valuation of a remainder interest in real property for 
contributions made after July 31, 1969.

    (a) In general. (1) Section 170(f)(4) provides that, in determining 
the value of a remainder interest in real property for purposes of 
section 170, depreciation and depletion of such property shall be taken 
into account. Depreciation shall be computed by the straight line method 
and depletion shall be computed by the cost depletion method. Section 
170(f)(4) and this section apply only in the case of a contribution, not 
made in trust, of a remainder interest in real property made after July 
31, 1969, for which a deduction is otherwise allowable under section 
170.
    (2) In the case of the contribution of a remainder interest in real 
property consisting of a combination of both depreciable and 
nondepreciable property, or of both depletable and nondepletable 
property, and allocation of the fair market value of the property at the 
time of the contribution shall be made between the depreciable and 
nondepreciable property, or the depletable and nondepletable property, 
and depreciation or depletion shall be taken into account only with 
respect to the depreciable or depletable property. The expected value at 
the end of its ``estimated useful life'' (as defined in paragraph (d) of 
this section) of that part of the remainder interest consisting of 
depreciable property shall be considered to be nondepreciable property 
for purposes of the required allocation. In the case of the contribution 
of a remainder interest in stock in a cooperative housing corporation 
(as defined in section 216(b)(1)), an allocation of the fair market 
value of the stock at the time of the contribution shall be made to 
reflect the respective values of the depreciable and nondepreciable 
property underlying such stock, and depreciation on the depreciable part 
shall be taken into account for purposes of valuing the remainder 
interest in such stock.
    (3) If the remainder interest that has been contributed follows only 
one life, the value of the remainder interest shall be computed under 
the rules contained in paragraph (b) of this section. If the remainder 
interest that has been contributed follows a term for years, the value 
of the remainder interest shall be computed under the rules contained in 
paragraph (c) of this section. If the remainder interest that has been 
contributed is dependent upon the continuation or the termination of 
more than one life or upon a term certain concurrent with one or more 
lives, the provisions of paragraph (e) of this section shall apply. In 
every case where it is provided in this section that the rules contained 
in Sec. 25.2512-5 (or, for certain prior periods, Sec. 25.2512-5A) of 
this chapter (Gift Tax Regulations)

[[Page 130]]

apply, such rules shall apply notwithstanding the general effective date 
for such rules contained in paragraph (a) of such section. Except as 
provided in Sec. 1.7520-3(b) of this chapter, for transfers of 
remainder interests after April 30, 1989, the present value of the 
remainder interest is determined under Sec. 25.2512-5 of this chapter 
by use of the interest rate component on the date the interest is 
transferred unless an election is made under section 7520 and Sec. 
1.7520-2 of this chapter to compute the present value of the interest 
transferred by use of the interest rate component for either of the 2 
months preceding the month in which the interest is transferred. In some 
cases, a reduction in the amount of a charitable contribution of a 
remainder interest, after the computation of its value under section 
170(f)(4) and this section, may be required. See section 170(e) and 
Sec. 1.170A-4.
    (b) Valuation of a remainder interest following only one life--(1) 
General rule. The value of a remainder interest in real property 
following only one life is determined under the rules provided in Sec. 
20.2031-7 (or for certain prior periods, Sec. 20.2031-7A) of this 
chapter (Estate Tax Regulations), using the interest rate and life 
contingencies prescribed for the date of the gift. See, however, Sec. 
1.7520-3(b) (relating to exceptions to the use of prescribed tables 
under certain circumstances). However, if any part of the real property 
is subject to exhaustion, wear and tear, or obsolescence, the special 
factor determined under paragraph (b)(2) of this section shall be used 
in valuing the remainder interest in that part. Further, if any part of 
the property is subject to depletion of its natural resources, such 
depletion is taken into account in determining the value of the 
remainder interest.
    (2) Computation of depreciation factor. If the valuation of the 
remainder interest in depreciable property is dependent upon the 
continuation of one life, a special factor must be used. The factor 
determined under this paragraph (b)(2) is carried to the fifth decimal 
place. The special factor is to be computed on the basis of the interest 
rate and life contingencies prescribed in Sec. 20.2031-7 of this 
chapter (or for periods before May 1, 1999, Sec. 20.2031-7A) and on the 
assumption that the property depreciates on a straight-line basis over 
its estimated useful life. For transfers for which the valuation date is 
after April 30, 1999, special factors for determining the present value 
of a remainder interest following one life and an example describing the 
computation is contained in Internal Revenue Service Publication 1459, 
``Actuarial Values, Book Gimel,'' (7-1999). A copy of this publication 
is available for purchase from the Superintendent of Documents, United 
States Government Printing Office, Washington, DC 20402. For transfers 
for which the valuation date is after April 30, 1989, and before May 1, 
1999, special factors for determining the present value of a remainder 
interest following one life and an example describing the computation is 
contained in Internal Revenue Service Publication 1459, ``Actuarial 
Values, Gamma Volume,'' (8-89). This publication is no longer available 
for purchase from the Superintendent of Documents. However, it may be 
obtained by requesting a copy from: CC:DOM:CORP:R (IRS Publication 
1459), room 5226, Internal Revenue Service, POB 7604, Ben Franklin 
Station, Washington, DC 20044. See, however, Sec. 1.7520-3(b) (relating 
to exceptions to the use of prescribed tables under certain 
circumstances). Otherwise, in the case of the valuation of a remainder 
interest following one life, the special factor may be obtained through 
use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR12JN00.000


[[Page 131]]


Where:

n = the estimated number of years of useful life,
i = the applicable interest rate under section 7520 of the Internal 
Revenue Code,
v = 1 divided by the sum of 1 plus the applicable interest rate under 
section 7520 of the Internal Revenue Code,
x = the age of the life tenant, and
lx = number of persons living at age x as set forth in Table 90CM of 
Sec. 20.2031-7 (or, for periods before May 1, 1999, the tables set 
forth under Sec. 20.2031-7A) of this chapter.

    (3) Example. The following example illustrates the provisions of 
this paragraph (b):

    Example. A, who is 62, donates to Y University a remainder interest 
in a personal residence, consisting of a house and land, subject to a 
reserved life estate in A. At the time of the gift, the land has a value 
of $30,000 and the house has a value of $100,000 with an estimated 
useful life of 45 years, at the end of which the value of the house is 
expected to be $20,000. The portion of the property considered to be 
depreciable is $80,000 (the value of the house ($100,000) less its 
expected value at the end of 45 years ($20,000)). The portion of the 
property considered to be nondepreciable is $50,000 (the value of the 
land at the time of the gift ($30,000) plus the expected value of the 
house at the end of 45 years ($20,000)). At the time of the gift, the 
interest rate prescribed under section 7520 is 8.4 percent. Based on an 
interest rate of 8.4 percent, the remainder factor for $1.00 prescribed 
in Sec. 20.2031-7(d) of this chapter for a person age 62 is 0.27925. 
The value of the nondepreciable remainder interest is $13,962.50 
(0.27925 times $50,000). The value of the depreciable remainder interest 
is $16,148.80 (0.20186, computed under the formula described in 
paragraph (b)(2) of this section, times $80,000). Therefore, the value 
of the remainder interest is $30,111.30.

    (c) Valuation of a remainder interest following a term for years. 
The value of a remainder interest in real property following a term for 
years shall be determined under the rules provided in Sec. 25.2512-5 
(or, for certain prior periods, Sec. 25.2512-5A) of this chapter (Gift 
Tax Regulations) using Table B provided in Sec. 20.2031-7(d)(6) of this 
chapter. However, if any part of the real property is subject to 
exhaustion, wear and tear, or obsolescence, in valuing the remainder 
interest in that part the value of such part is adjusted by subtracting 
from the value of such part the amount determined by multiplying such 
value by a fraction, the numerator of which is the number of years in 
the term or, if less, the estimated useful life of the property, and the 
denominator of which is the estimated useful life of the property. The 
resultant figure is the value of the property to be used in Sec. 
25.2512-5 (or, for certain prior periods, Sec. 25.2512-5A) of this 
chapter (Gift Tax Regulations). Further, if any part of the property is 
subject to depletion of its natural resources, such depletion shall be 
taken into account in determining the value of the remainder interest. 
The provisions of this paragraph as it relates to depreciation are 
illustrated by the following example:

    Example. In 1972, B donates to Z University a remainder interest in 
his personal residence, consisting of a house and land, subject to a 20 
year term interest provided for his sister. At such time the house has a 
value of $60,000, and an expected useful life of 45 years, at the end of 
which time it is expected to have a value of $10,000, and the land has a 
value of $8,000. The value of the portion of the property considered to 
be depreciable is $50,000 (the value of the house ($60,000) less its 
expected value at the end of 45 years ($10,000)), and this is multiplied 
by the fraction 20/45. The product, $22,222.22, is subtracted from 
$68,000, the value of the entire property, and the balance, $45,777.78, 
is multiplied by the factor .311805 (see Sec. 25.2512-5A(c)). The 
result, $14,273.74, is the value of the remainder interest in the 
property.

    (d) Definition of estimated useful life. For the purposes of this 
section, the determination of the estimated useful life of depreciable 
property shall take account of the expected use of such property during 
the period of the life estate or term for years. The term ``estimated 
useful life'' means the estimated period (beginning with the date of the 
contribution) over which such property may reasonably be expected to be 
useful for such expected use. This period shall be determined by 
reference to the experience based on any prior use of the property for 
such purposes if such prior experience is adequate. If such prior 
experience is inadequate or if the property has not been previously used 
for such purposes, the estimated useful life shall be determined by 
reference to the general experience of persons normally holding similar 
property for such expected use, taking into account present conditions 
and probable future developments. The estimated

[[Page 132]]

useful life of such depreciable property is not limited to the period of 
the life estate or term for years preceding the remainder interest. In 
determining the expected use and the estimated useful life of the 
property, consideration is to be given to the provisions of the 
governing instrument creating the life estate or term for years or 
applicable local law, if any, relating to use, preservation, and 
maintenance of the property during the life estate or term for years. In 
arriving at the estimated useful life of the property, estimates, if 
available, of engineers or other persons skilled in estimating the 
useful life of similar property may be taken into account. At the option 
of the taxpayer, the estimated useful life of property contributed after 
December 31, 1970, for purposes of this section, shall be an asset 
depreciation period selected by the taxpayer that is within the 
permissible asset depreciation range for the relevant asset guideline 
class established pursuant to Sec. 1.167(a)-11(b) (4)(ii). For purposes 
of the preceding sentence, such period, range, and class shall be those 
which are in effect at the time that the contribution of the remainder 
interest was made. At the option of the taxpayer, in the case of 
property contributed before January 1, 1971, the estimated useful life, 
for purposes of this section, shall be the guideline life provided in 
Revenue Procedure 62-21 for the relevant asset guideline class.
    (e) Valuation of a remainder interest following more than one life 
or a term certain concurrent with one or more lives. (1)(i) If the 
valuation of the remainder interest in the real property is dependent 
upon the continuation or the termination of more than one life or upon a 
term certain concurrent with one or more lives, a special factor must be 
used.
    (ii) The special factor is to be computed on the basis of--
    (A) Interest at the rate prescribed under Sec. 25.2512-5 (or, for 
certain prior periods, Sec. 25.2512-5A) of this chapter, compounded 
annually;
    (B) Life contingencies determined from the values that are set forth 
in the mortality table in Sec. 20.2031-7 (or, for certain prior 
periods, Sec. 20.2031-7A) of this chapter; and
    (C) If depreciation is involved, the assumption that the property 
depreciates on a straight-line basis over its estimated useful life.
    (iii) If any part of the property is subject to depletion of its 
natural resources, such depletion must be taken into account in 
determining the value of the remainder interest.
    (2) In the case of the valuation of a remainder interest following 
two lives, the special factor may be obtained through use of the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR10JN94.001

Where:

n=the estimated number of years of useful life,
i=the applicable interest rate under section 7520 of the Internal 
Revenue Code,
v=1 divided by the sum of 1 plus the applicable interest rate under 
section 7520 of the Internal Revenue Code,
x and y=the ages of the life tenants, and
lx and ly=the number of persons living at ages x and y as set forth in 
Table 90 CM in Sec. 20.2031-7 (or, for prior periods, in Sec. 20.2031-
7A) of this chapter.

    (3) Notwithstanding that the taxpayer may be able to compute the 
special factor in certain cases under paragraph (2), if a special factor 
is required in the case of an actual contribution, the Commissioner will 
furnish the factor to the donor upon request. The request must be 
accompanied by a statement of the sex and date of birth of each person 
the duration of whose life may affect the value of the remainder 
interest, copies of the relevant instruments, and, if depreciation is 
involved, a statement of the estimated useful life

[[Page 133]]

of the depreciable property. However, since remainder interests in that 
part of any property which is depletable cannot be valued on a purely 
actuarial basis, special factors will not be furnished with respect to 
such part. Requests should be forwarded to the Commissioner of Internal 
Revenue, Attention: OP:E:EP:A:1, Washington, DC 20224.

[T.D. 7370, 40 FR 34337, Aug. 15, 1975, as amended by T.D. 7955, 49 FR 
19975, May 11, 1984; T.D. 8540, 59 FR 30102, 30104, June 10, 1994; T.D. 
8819, 64 FR 23228, Apr. 30, 1999; T.D. 8886, 65 FR 36909, 36943, June 
12, 2000]