Below are some of the more common questions and answers about estate tax issues. You may also find additional information in Publication 559 or some of the other forms and publications offered on our Forms page. Included in this area are the instructions to Forms 706 and 709. Within these instructions, you will find the tax rate schedules to the related returns. If the answers to your questions cannot be found in these resources, we strongly recommend visiting with a tax practitioner.
An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedent’s adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedent’s death, as shown in the table below.
Filing threshold for year of death
| Year of death | Filing threshold |
|---|---|
| 2011 | $5,000,000 |
| 2012 | $5,120,000 |
| 2013 | $5,250,000 |
| 2014 | $5,340,000 |
| 2015 | $5,430,000 |
| 2016 | $5,450,000 |
| 2017 | $5,490,000 |
| 2018 | $11,180,000 |
| 2019 | $11,400,000 |
| 2020 | $11,580,000 |
| 2021 | $11,700,000 |
| 2022 | $12,060,000 |
| 2023 | $12,920,000 |
| 2024 | $13,610,000 |
An estate tax return also must be filed if the estate elects to transfer any deceased spousal unused exclusion (DSUE) amount to a surviving spouse, regardless of the size of the gross estate or amount of adjusted taxable gifts. The election to transfer a DSUE amount to a surviving spouse is known as the portability election.
An estate tax return may need to be filed for a decedent who was a nonresident and not a U.S. citizen if the decedent had U.S.-situated assets. Refer to some nonresidents with U.S. assets must file estate tax returns to learn more.
For the mailing address for a supplemental Form 706 or Form 706-NA, see filing estate and gift tax returns.
In order to elect portability of the decedent's unused exclusion amount (deceased spousal unused exclusion (DSUE) amount) for the benefit of the surviving spouse, the estate's representative must file an estate tax return (Form 706) and the return must be filed timely. The due date of the estate tax return is nine months after the decedent's date of death, however, the estate's representative may request an extension of time to file the return for up to six months. An automatic six month extension of time to file the return is available to all estates, including those filing solely to elect portability, by filing Form 4768 on or before the due date of the estate tax return.
If the estate representative did not file an estate tax return within nine months after the decedent's date of death, or within fifteen months of the decedent's date of death (if a six month extension of time for filing the estate tax return had been obtained), the availability of an extension of time to elect portability of the Deceased Spousal Unused Exclusion (DSUE) amount depends on whether the estate has a filing requirement, based on the filing threshold provided under § 6018(a).
If the filing threshold has been met, or in other words, if, independent of the portability election, the estate is required to file an estate tax return based on the total value of the gross estate and the amount of any adjusted taxable gifts, no extension of time to elect portability is available and Revenue Procedure 2022-32 does not apply.
However, if, the sum of the value of the decedent’s gross estate and the total amount of the decedent’s adjusted taxable gifts is less than the filing threshold, Revenue Procedure 2022-32 provides a simplified method for certain taxpayers to obtain an extension of time to make a “portability” election under § 2010(c)(5)(A) of the Internal Revenue Code. The simplified method under the revenue procedure to obtain an extension of time to make the portability election requires the filing of a complete and properly prepared estate tax return on or before the fifth annual anniversary of the decedent’s date of death and requires a notation on the estate tax return that the return is “FILED PURSUANT TO REV. PROC. 2022-32 TO ELECT PORTABILITY UNDER § 2010(c)(5)(A).” No user fee is required to use the simplified method under this revenue procedure. Estates that do not qualify for this relief, and do not have a filing requirement based on the filing threshold, may request an extension of time to make the portability election under § 2010(c)(5)(A) by requesting a letter ruling under the provisions of § 301.9100-3. The requirements for requesting a letter ruling are described in Revenue Procedure 2022-1 (or any successor revenue procedure).
Individuals taking advantage of the increased gift tax exclusion amount in effect from 2018 to 2025 will not be adversely impacted after 2025 when the exclusion amount is scheduled to drop to pre-2018 levels. For more information, see the related Tax reform page.
Final regulations establishing a new user fee of $67 for persons requesting the issuance of IRS Letter 627, Estate Tax Closing Letter (ETCL), became effective October 28, 2021 (User Fee for Estate Tax Closing Letter (TD 9957)). For information on all estate tax closing letter requests, see Frequently asked questions on the estate tax closing letter.
Yes. Notice 2017-12 explains that an account transcript issued by the Internal Revenue Service (IRS) can be used in lieu of Letter 627, Estate Tax Closing Letter. The Transcript Delivery Service (TDS), which provides authorized practitioners the ability to view and print instant account transcripts for estate tax returns, is now available on IRS.gov. In addition, hardcopy account transcripts are available to authorized taxpayers making valid requests via mail or facsimile using Form 4506-T, Request for Transcript of Tax Return. Please refer to transcripts in lieu of estate tax closing letters for specific instructions on how to request an estate tax account transcript using TDS or by using Form 4506-T.
To make an electronic payment, which is encouraged, go to How do I make an electronic payment?
To make payment by paper check, make the check payable to “United States Treasury.” Note the decedent’s name, social security number, and “Form 706” on the face of the check. Mail the check to:
Internal Revenue Service
1973 Rulon White Blvd.
Ogden, UT 84201
Estate Tax Advisory Group
55 South Market St, MS 5350
San Jose, CA 95113
Phone 408-283-2062
Fax 877-477-9243
Refund checks that are issued to an estate account (for Form 706) are issued only in the name of the estate and will not be made payable to any other person or entity.
There are two separate systems for making an electronic payment of estate or gift tax:
Electronic Federal Tax Payment System (EFTPS)
Instructions on how to use the Electronic Federal Tax System (EFTPS) are found in Publication 4990 PDF (do not use Publication 4990 for the same-day wire payment method).
What you need to know about EFTPS:
Same-day wire payment
What you need to know about making a same day wire payment:
If you encounter problems making a payment using these codes, please call Federal Tax Collection Service (Same-Day Wire) Customer Service at 800-382-0045 or 314-425-1810 between 8:30 a.m. to 7 p.m. Eastern Time, Monday through Friday.
The gross estate of the decedent consists of an accounting of everything you own or have certain interests in at the date of death (Refer to Form 706 PDF ). The fair market value of these items is used, not necessarily what you paid for them or what their values were when you acquired them. The total of all of these items is your "gross estate." The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets. Keep in mind that the Gross Estate will likely include non-probate as well as probate property.
Depending on how your 1/2 interest is held and treated under state law, and how it was acquired, you would probably only include 1/2 of its value in your gross estate. However, many other factors influence this answer, so you would need to visit with a tax or legal professional to make that determination.
Generally, the gross estate does not include property owned solely by the decedent's spouse or other individuals. Lifetime gifts that are complete (no powers or other control over the gifts are retained) are not included in the gross estate (but taxable gifts are used in the computation of the estate tax). Life estates given to the decedent by others in which the decedent has no further control or power at the date of death are not included.
Marital deduction: One of the primary deductions for married decedents is the marital deduction. All property that is included in the gross estate and passes to the surviving spouse is eligible for the marital deduction. The property must pass "outright." In some cases, certain life estates also qualify for the marital deduction.
See Form 706 PDF and instructions PDF and Publication 559. Among other items listed:
Fair market value is defined as: "The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts. The fair market value of a particular item of property includible in the decedent's gross estate is not to be determined by a forced sale price. Nor is the fair market value of an item of property to be determined by the sale price of the item in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate." Regulation §20.2031-1.
Generally, the fair market value of such interests owned by the decedent are includible in the gross estate at date of death. However, for certain farms operated as a family farm, reductions to these amounts may be available.
In the case of a qualifying family farm, IRC 2032A allows an inflation-adjusted reduction from value of up to the following amounts in the applicable year of death:
Maximum IRC 2032A adjustment for year of death
| Year of death | Maximum IRC 2032A adjustment |
|---|---|
| 2011 | $1,020,000 |
| 2012 | $1,040,000 |
| 2013 | $1,070,000 |
| 2014 | $1,090,000 |
| 2015 | $1,100,000 |
| 2016 | $1,110,000 |
| 2017 | $1,120,000 |
| 2018 | $1,140,000 |
| 2019 | $1,160,000 |
| 2020 | $1,180,000 |
| 2021 | $1,190,000 |
| 2022 | $1,230,000 |
| 2023 | $1,310,000 |
| 2024 | $1,390,000 |
A similar deduction for a qualifying family-owned business (IRC 2057) was repealed beginning in 2004.
The estate's representative may request an extension of time to file for up to six months from the due date of the return. However, the correct amount of tax is still due by the due date and interest is accrued on any amounts still owed by the due date that are not paid at that time.
The Internal Revenue Service cannot make recommendations about specific individuals, but there are several factors to consider:
With these questions in mind, it is a good idea to discuss the matter with several estate tax professionals. Ask about how much experience they have had and ask for referrals. This process should be similar to locating a good physician. Locate other individuals that have had similar experiences and ask for recommendations. Finally, after the individual(s) are employed and begin to work on estate matters, make sure the lines of communication remain open so that there are no surprises during administration or if the estate tax return is examined.
Finally, most estates engage the services of both attorneys and CPAs or enrolled agents (EA). The attorney usually handles probate matters and reviews the impact of documents on the estate tax return. The CPA or EA often handles the actual return preparation and some representation of the estate in matters with the IRS. However, some attorneys handle all of the work. CPAs and EAs may also handle most of the work but cannot take care of probate matters and other situations where a law license is required. In addition, other professionals (such as appraisers, surveyors, financial advisors and others) may need to be engaged during this time.
You do not have to be present during an examination unless an IRS representative needs to ask specific questions. Although you may represent yourself during an examination, most executors prefer that professional(s) they have employed handle this phase of administration. They may delegate authority for this by signing a designation on the Form 706 PDF itself, or executing Form 2848, Power of Attorney PDF .
You have many rights and avenues of appeal if you disagree with any proposals made by the IRS. See Publication 1 PDF and Publication 5 PDF for an explanation of these options.
The sale of such property is usually considered the sale of a capital asset and may be subject to capital gains (or loss) treatment. However, IRC §1014 provides that the basis of property acquired from a decedent is its fair market value at the date of death, so there is usually little or no gain to account for if the sale occurs soon after the date of death. (Remember, the rules are different for determining the basis of property received as a lifetime gift). Refer to Gift tax FAQs.
If you need a discharge of property from a federal estate tax lien, submit Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien PDF , to the IRS. The form instructions include the address where to send Form 4422.
Complete the entries for Lines 1 through 3 in Schedule B on the second page of the return. Attach a statement to the return that refers to the particular treaty applicable to the estate, and write that the estate is claiming its benefits. Show your computation of the pro-rata unified credit in the statement, and enter that figure in the Tax Computation on Line 7 on the front page of the return. Attach to the Form 706-NA a copy of the return filed with the treaty partner. If no estate or inheritance tax return has been filed with the treaty partner, explain in your statement why no foreign return was due. If there was no foreign return, attach a copy of an inventory that sets forth the decedents assets and their values at the date of death, and explains how the figure shown on Line 3 of Schedule B was computed.
In Schedule A of the return, list the estates U.S. assets, but show no values for those that are exempt from U.S. estate tax pursuant to a treaty. Attach a statement to the return that refers to the particular treaty applicable to the estate, and write that the estate is claiming its benefits. Entries for the gross estate in the U.S., the taxable estate, and the tax amounts, should be "0" if all of the decedents U.S. assets are exempt from U.S. estate tax pursuant to the applicable treaty. Attach to the Form 706-NA a copy of the return filed with the treaty partner. If no estate or inheritance tax return has been filed with the treaty partner, explain in your statement why no foreign return was due.
Most information for this page came from the Internal Revenue Code: Chapter 11--Estate Tax (generally Internal Revenue Code §2001 and following, related regulations and other sources.)