### Question
What is the definition of qualified disclaimer?


### Answer
The definition of **qualified disclaimer** is as follows in *26 U.S.C. § 2518*:

> an irrevocable and unqualified refusal by a person to accept an interest in property but only if—



(1) such refusal is in writing,



(2) such writing is received by the transferor of the interest, his legal representative, or the holder of the legal title to the property to which the interest relates not later than the date which is 9 months after the later of—



(A) the day on which the transfer creating the interest in such person is made, or



(B) the day on which such person attains age 21,


  


(3) such person has not accepted the interest or any of its benefits, and



(4) as a result of such refusal, the interest passes without any direction on the part of the person making the disclaimer and passes either—



(A) to the spouse of the decedent, or



(B) to a person other than the person making the disclaimer

#### Citation:
  - *26 U.S.C. § 2518*
  - Heading: **Subtitle B-Estate and Gift Taxes > CHAPTER 12-GIFT TAX > Subchapter B-Transfers**

