Once you’ve established that Section 2801 of the

Internal Revenue Code applies, the next critical step is:

👉 What is the transfer worth?

Because under §2801, value = tax base.

⚖️ 1️⃣ The Core Rule: Fair Market Value

Valuation follows standard U.S. transfer tax principles:

👉 Fair Market Value (FMV)

Defined as:

• The price a willing buyer and seller would agree

• With both parties having reasonable knowledge

• And neither under compulsion

⏳ 2️⃣ Timing Matters

📌 Outright Transfers

• Value is determined at the date the recipient receives the property

🔄 Trust Distributions

• Value is determined when the U.S. beneficiary actually receives the distribution

👉 Not when assets enter the trust—but when they come out.

🧠 3️⃣ Asset-Specific Complexity

Certain assets require special valuation considerations:

🏢 Real Estate

• Market comparables

• Location and condition

• Income potential

🏭 Closely Held Businesses

• Lack of marketability discounts

• Minority interest discounts

• Earnings and asset-based methods

📈 Financial Assets

• Market price (if publicly traded)

• Adjustments for restrictions or liquidity

⚠️ 4️⃣ Why Accuracy Is Critical

Valuation directly determines:

• The §2801 tax liability

• Exposure to:

Penalties
Interest
IRS challenge

👉 Even small valuation errors can have material tax consequences

📄 5️⃣ When Professional Appraisals Are Needed

In complex or high-value cases:

• Independent professional appraisals are often essential

👉 Especially for:

• Private companies

• Illiquid assets

• Cross-border holdings

🧾 6️⃣ Documentation Best Practices

To support reported values:

• Maintain:

Appraisal reports
Valuation methodologies
Supporting financial data

👉 This is critical for:

• Audit defense

• Consistency across filings

🎯 Key Takeaway

Under §2801:

• Transfers are valued at fair market value

• Timing depends on when the recipient receives the asset

• Complex assets require careful and defensible valuation

In practice:

The tax isn’t just about what you receive—it’s about what the IRS believes it’s worth.