Enlarge image | Department of the Treasury–Internal Revenue Service OMB Number Form 4422 Application for Certificate Discharging Property 1545-0328 (February 2018) Subject to Estate Tax Lien Name of decedent (last name, first name, middle initial) Decedent's Social Security Number (SSN) Date of death Decedent's legal residence at time of death Estate's Employer Identification Number (EIN) As provided by Internal Revenue Code § 6325(c), I apply for a certificate discharging property subject to an estate tax lien. This property belongs to, or forms part of, the gross estate of the decedent named above. If Form 706 has not been filed, provide estimate of If Form 706 has been filed, provide date Amount of tax paid with filed or unfiled tax due return $ $ Give the gross estate values and deductions as reported on Form 706. If Form 706 has not been filed, show approximate amounts. Gross Estate Values Gross Estate Values (continued) Real estate $ All other property Gifts that will be reported or have Stocks and bonds $ been reported on Form 709 Mortgages, notes, and cash Total Gross Estate $ Insurance on decedent's life Deductions Jointly owned property Funeral and administrative $ expenses Transfers during decedent's life Debts of decedent Powers of appointment Marital deduction Annuities Other deductions Charitable gifts and bequests Total Deductions $ If property is to be sold, transferred, or mortgaged, complete the following and see additional instructions below. a. Election made to value certain farm and b. Request granted or will be c. Payment deferred as provided by IRC § (“x” applicable business real property as provided by requested to defer payment box) IRC § 2032A of estate taxes 6161 6163 6166 Yes Yes (Complete line c.) No No Amount paid with Form 4768 $ Name and address of the purchaser, transferee, or mortgagee Relationship to applicant and decedent Consideration paid or to be paid $ Under penalties of perjury, I declare that I have examined this application, including accompanying schedules, exhibits, affidavits and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Signature Date signed Applicant Sign here ► Signature Date signed Attorney for Applicant Sign here ► Catalog Number 41642G www.irs.gov Form 4422 (Rev. 2-2018) |
Enlarge image | Name and address of applicant Name and address of attorney for applicant Relationship of applicant to estate Phone number of applicant Phone number of attorney for applicant (Executor, Administrator, or other title) ( ) ( ) Physical address of the property being sold Fax number of attorney for applicant ( ) Title or Escrow Company used for settlement Contact name Phone number of contact ( ) Instructions for Completing Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien 1. If property included in the gross estate is sold, the executor must request a discharge of the specified property from any applicable estate tax lien. Submit your application at least 45 days before the transaction date the certificate of discharge is needed. Doing so will allow sufficient time for review, determination, notification and the furnishing of any applicable documents by the transaction date. If you have any questions, contact the Advisory Estate Tax Lien Group at (408) 283-2062, this is not a toll free number. 2. Attach a statement giving your reasons for applying for this certificate. NOTE: If we have issued any other discharges on this estate, please include the dates and the amounts. 3. Attach a description of the property for which you want a certificate of discharge. Show the value of the property and the basis of the valuation. If the property consists of real estate, attach a separate legal description, the physical address of property being sold and a preliminary title report for each parcel. 4. To facilitate timely processing of the application, attach any of the following documents that apply: • Short form of letters testamentary, • Copy of will, • Copy of sale contract and closing statement (or proposed closing statement), • Copy of the current title report and appraisal, • Copy of the Form 706 • If return is not filed a draft of Form 706, and/or a copy of the inventory and appraisement reflecting all assets of the estate. • Form 4768, Application for Extension of Time to File a return and/or Pay U.S. Estate (and Generation- Skipping Transfer) Taxes 5. Submit a Form 8821, Tax Information Authorization. Completing this form gives the Internal Revenue Service the authority to contact individuals or companies, if necessary, when determining if the discharge is appropriate. 6. Provide the name, address, telephone and fax number of the closing attorney or representative of the settlement company. 7. The Internal Revenue Service may request that you furnish additional information and will have your application investigated to determine whether to issue the certificate. You will be informed of the outcome. Catalog Number 41642G www.irs.gov Form 4422 (Rev. 2-2018) |
Enlarge image | 8. If Form 706 has not yet been filed or if the Internal Revenue Service has not completed our review of Form 706, we will determine on a case by case basis the amount of funds, if any, the estate will be required to either pre-pay from the sale proceeds or have held in escrow. 9. Submit the completed Form 4422 and all supporting documents to: Internal Revenue Service Advisory Estate Tax Lien Group 55 South Market St. Mail Stop 5350 San Jose, CA 95113-2324 Attn: Group Manager E-fax number: 877-477-9243 10. Requests for discharge of property described on lien Forms 668-H or 668-J will also be processed by the Advisory Estate Tax Lien Group, requests may be sent to the above address. Paperwork Reduction Act You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Preparing and sending the form to the IRS should involve 30 minutes. The estimated burden for individual taxpayers filing this form is approved under OMB control number 1545-0328 . If you have comments concerning the accuracy of the time estimate or suggestions for making this form simpler, we would be happy to hear from you. You can send your comments to Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send Form 4422 to this address. Catalog Number 41642G www.irs.gov Form 4422 (Rev. 2-2018) |