- 3 -
|
Form 8855 (Rev. 12-2020) Page 3
General Instructions A filing trustee is the trustee of an filed within 90 days after the issuance of
electing trust who, when there is no a decision, judgment, decree, or other
Section references are to the Internal executor, has been appointed by the order of a court); or
Revenue Code unless otherwise noted. trustees of each of the other electing • The expiration of the period of
trusts to file the Forms 1041 (or 1040-NR, limitations for the estate tax.
Future Developments if applicable) due for the combined
For the latest information about electing trust(s) for each tax year during When To File
developments related to Form 8855 and the election period and has agreed to
its instructions, such as legislation accept that responsibility. If there is no File the election by the due date
enacted after they were published, go to executor and there is only one QRT (including extensions, if any) of the Form
www.irs.gov/Form8855. making the section 645 election, the 1041 (or Form 1040-NR, if applicable) for
trustee of that electing trust is the filing the first tax year of the related estate (or
Purpose trustee. the filing trust). This applies even if the
combined related estate and electing
The trustees of each qualified revocable A filing trust is an electing trust whose trust(s) don't have sufficient income to
trust (QRT) and the executor of the trustee was appointed as the filing be required to file Form 1041.
related estate, if any, use Form 8855 to trustee by all electing trusts if there is no
make a section 645 election. This executor. If there is no executor and only In general, the due date for the first
election allows a QRT to be treated and one QRT is making the election, that income tax return is the 15th day of the
taxed (for income tax purposes) as part QRT is the filing trust. 4th month after the close of the first tax
of its related estate during the election year of the related estate. For
period. Once the election is made, it Election Period exceptions, see Regulations section
1.6072-1(c). For the purpose of
cannot be revoked. The election period is the period of time determining the tax year if there is no
during which an electing trust is treated executor, treat the filing trust as an
Definitions and taxed as part of its related estate. estate. If the estate is granted an
A QRT is any trust (or part of a trust) The election period begins on the date extension of time to file its income tax
that, on the day the decedent died, was of the decedent’s death and terminates return for its first tax year, the due date
treated as owned by the decedent under on the earlier of: of the Form 8855 is the extended due
section 676 by reason of a power to date.
revoke that was exercisable by the • The day on which each electing trust
decedent (determined without regard to and the related estate, if any, have For instructions on when to file an
section 672(e)). distributed all of their assets; or amended election, see Amended
For this purpose, a QRT includes a • The day before the applicable date. Election Needed When an Executor Is
Appointed After a Valid Election Is Made
trust that was treated as owned by the Applicable date. To determine the on page 4.
decedent under section 676 by reason of applicable date, you must first determine
a power to revoke that was exercisable whether a Form 706, United States Where To File
by the decedent with the consent or Estate (and Generation-Skipping
approval of a nonadverse party or the Transfer) Tax Return, is required to be IF you are THEN send the election
decedent’s spouse. However, a QRT filed as a result of the decedent’s death. located in... to the...
doesn't include a trust that was treated IS a Form 706 THEN the Connecticut,
as owned by the decedent under section required? applicable date is... Delaware, District of
676 by reason of a power to revoke that Columbia, Georgia,
was exercisable solely by a nonadverse Yes The later of: Illinois, Indiana,
party or the decedent’s spouse and not • 2 years after the date of Kentucky, Maine,
by the decedent. the decedent’s death or Maryland,
• 6 months after the final Massachusetts,
An electing trust is a QRT for which a determination of liability Michigan,
valid section 645 election has been for estate tax. New Hampshire, Department of the Treasury
New Jersey, Internal Revenue Service Center
made. Once the QRT makes the No 2 years after the date of New York, Kansas City, MO 64999
election, it is treated as an electing trust the decedent’s death. North Carolina,
throughout the entire election period. Ohio, Pennsylvania,
Final determination of liability. For Rhode Island,
An executor is an executor, personal purposes of this election only, the date South Carolina,
representative, or administrator that has of final determination of liability for the Tennessee,
Vermont, Virginia,
obtained letters of appointment to estate tax is the earliest of: West Virginia,
administer the decedent’s estate through Wisconsin
formal or informal appointment • 6 months after the IRS issues an estate
procedures. For purposes of this tax closing letter (unless a claim for Alabama, Alaska,
election, an executor doesn't include a refund of estate tax is filed within 12 Arizona, Arkansas,
person that has actual or constructive months after the letter is issued); California,
Colorado, Florida,
possession of property of the decedent • The final disposition of a claim for Hawaii, Idaho, Iowa,
unless that person is appointed or refund that resolves the liability for the Kansas, Louisiana,
qualified as an executor, administrator, estate tax (unless suit is instituted within Minnesota,
or personal representative. If more than 6 months after a final disposition of the Mississippi,
Missouri, Montana, Department of the Treasury
one jurisdiction has appointed an claim); Nebraska, Nevada, Internal Revenue Service Center
executor, then, for purposes of this • The execution of a settlement New Mexico, Ogden, UT 84201
election, only the person from the agreement with the IRS that determines North Dakota,
Oklahoma, Oregon,
primary or domiciliary proceeding is the the liability for the estate tax; South Dakota,
executor. Texas, Utah,
• The issuance of a decision, judgment,
A related estate is the estate of the decree, or other order by a court of Washington,
Wyoming
decedent who was treated as the owner competent jurisdiction resolving the
of the QRT on the date of the decedent’s liability for the estate tax (unless a notice A foreign country or
death. of appeal or a petition for certiorari is a U.S. possession
|