All of the changes made by the Act will cease to apply for tax, plan, or limitation years beginning after 2010, as well as to estates of decedents dying, gifts made, or generation-skipping transfers after 2010. At that time, the changes sunset.

This Act was passed as part of the budget reconciliation process. That process facilitated its consideration in the Senate by limiting debate and prohibiting extraneous amendments, but also imposed certain rules that otherwise would not have applied. One of those rules prohibits the consideration of legislation that would increase the deficit for a fiscal year beyond those covered by the budget reconciliation measure. Because the federal government's fiscal year ending September 30, 2011, is the last year covered by the budget reconciliation measure, the sunset is necessary to keep the Act in compliance with the rule. Although the application of this rule can be waived if 60 senators agree, that agreement was not reached.