Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … 706GS(D)/201609/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 3 17:36 - 21-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Instructions for Internal Revenue Service Form 706-GS(D) (Rev. September 2016) Generation-Skipping Transfer Tax Return for Distributions Section references are to the Internal for Automatic Extension of Time To less of the actual value of the Revenue Code unless otherwise noted. File Certain Business Income Tax, property. Information, and Other Returns. The Future Developments extension is automatic, so you do not Interest will be charged on taxes For the latest information about have to sign the form or provide a not paid by their due date, even if an developments related to Form reason for your request. You must file extension of time to file is granted. 706-GS(D) and its instructions, such Form 7004 on or before the regular Interest is also charged on any as legislation enacted after they were due date of Form 706-GS(D). See additions to tax imposed by section published, go to www.irs.gov/ Form 7004 for more information. 6651 from the due date of the return form706gsd. (including any extensions) until the Where To File addition to tax is paid. General Instructions File Form 706-GS(D) at the following Return preparer. The Small address: Business and Work Opportunity Tax Purpose of Form Act of 2007 extended return preparer Form 706-GS(D) is used by a skip Department of the Treasury penalties to all tax return preparers. person distributee to calculate and Internal Revenue Service Return preparers who prepare any report the tax due on distributions Cincinnati, OH 45999 return or claim for refund which from a trust that are subject to the reflects an understatement of tax generation-skipping transfer (GST) Penalties and Interest liability due to an unreasonable tax. Section 6651 provides penalties for position are subject to a penalty equal both late filing and late payment to the greater of $1,000 or 50% of the Who Must File unless there is reasonable cause for income derived (or to be derived) for In general, any skip person who the delay. The law also provides the preparation of each such return. receives a taxable distribution from a penalties for willful attempts to evade Return preparers who prepare a trust must file Form 706-GS(D). payment of tax. return or claim for refund which Trustees are required to report reflects an understatement of tax taxable distributions to skip person A return is late when it is filed after liability due to willful or reckless distributees on Form 706-GS(D-1), the due date, including extensions. conduct, are subject to a penalty of Notification of Distribution From a The late filing penalty will not be $5,000 or 75% of the income derived Generation-Skipping Trust. imposed if the taxpayer can show that (or income to be derived), whichever the failure to file a timely return is due is greater, for the preparation of each If you receive a Form 706-GS(D-1) to reasonable cause. such return. See sections 6694(a) and and the inclusion ratio found on Part II, Reasonable cause determinations. 6694(b), the related regulations, and line 3, column d, is zero for all If you receive a notice about penalties Ann. 2009-15, 2009-11 I.R.B. 687 distributions, you do not need to file and interest after you file Form (available at www.irs.gov/ pub/irs-irbs/ Form 706-GS(D). If you are required 706-GS(D), send us an explanation irb09-11.pdf) for more information. to file Form 706-GS(D), you do not and we will determine if you meet have to include any distributions that reasonable cause criteria. Do not Signature have an inclusion ratio of zero. attach an explanation when you file Either the distributee or an authorized Form 706-GS(D). Explanations representative must sign Form When To File attached to the return at the time of 706-GS(D). The generation-skipping transfer tax filing will not be considered. If you fill in your own return, leave on distributions is figured and reported on a calendar year basis, Section 6662 provides a penalty for the Paid Preparer Use Only space regardless of your income tax underpayment of GST taxes which blank. If someone prepares your accounting period. Generally, you exceeds $5,000, if the underpayment return and does not charge you, that must file Form 706-GS(D) on or after is due to a valuation understatement. person should not sign the return. January 1 but not later than April 15 of A substantial valuation under- Generally, anyone who is paid to the year following the calendar year statement occurs when the reported prepare the return must sign the when the distributions were made. value of property listed on Form return in the space provided and fill in 706-GS(D) is 65% or less of the actual the Paid Preparer Use Only area. See If you are not able to file the return value of the property. A gross section 7701(a)(36)(B) for exceptions. by the due date, you may request an valuation understatement occurs automatic 6-month extension of time when the reported value of property In addition to signing and to file by filing Form 7004, Application listed on Form 706-GS(D) is 40% or completing the required information, Oct 21, 2016 Cat. No. 10828G |
Page 2 of 3 Fileid: … 706GS(D)/201609/A/XML/Cycle04/source 17:36 - 21-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the paid preparer must give a copy of If you need more space than is basis of net worth, earnings, earning the completed return to the provided in Part II, attach an additional and dividend capacity, and other distributee. sheet of the same size and use the relevant factors. For such stock, same format that is used in Part II. attach balance sheets, particularly the Note. A paid preparer may sign Make sure that the total tentative one nearest the date of the original or amended returns by rubber transfers from the continuation sheet distribution, and statements of net stamp, mechanical device, or are included on line 3 of Part II. earnings or operating results and computer software program. dividends paid for each of the 5 Column b preceding years. In column b, use the same item Specific Instructions number that was used for the Reduce the reported value of real corresponding distribution on Form estate by the amount of any Part I 706-GS(D-1). If you receive outstanding lien against the property Line 1a distributions from more than one trust, on the date of distribution. Attach If the skip person distributee is a trust, you may need to repeat item copies of any such liens. Explain how enter the name of the trust here. numbers. the reported values were determined and attach copies of any appraisals. Line 1b Column c For skip person distributees who are There may be instances when the For more information, see the individuals, enter the distributee's trustee has either not completed Instructions for Form 706, United social security number (SSN) here columns e (value) and f (tentative States Estate (and Generation- and leave line 1c blank. If the skip transfer) of Form 706-GS(D-1) or Skipping Transfer) Tax Return. You person distributee is a trust, see the when you disagree with the amounts can get the Instructions for Form 706, instructions for line 1c. Do not enter a the trustee entered. If this occurs, and other IRS forms and publications, number on both line 1b and line 1c. attach a statement to this return by calling 1-800-TAX-FORMS or by showing what you think are the visiting IRS.gov. Line 1c correct amounts and how you figured If the skip person distributee is a trust, them. Part III enter the trust's employer To figure the tentative transfer Line 4 identification number (EIN) and leave (column c of this form), multiply the You may deduct any adjusted line 1b blank. Do not enter a number applicable inclusion ratio from Form allowable expenses incurred in on both line 1b and line 1c. 706-GS(D-1), Part II, column d by the connection with the preparation of this Line 2a value of the distribution. Use the Form 706-GS(D) or any other following guidelines to determine the expenses incurred in connection with If the skip person distributee is a trust, value of the distribution. the determination, collection, or enter the trustee's name here. If the refund of the GST tax reported or skip person distributee is a minor or is The value of a distribution is its fair which should have been reported on under some disability that precludes market value on the date of this return from the amount of the the individual from filing the return, distribution. Fair market value (FMV) distribution you received. enter the name of the person who is is the price at which the property legally responsible for conducting the would change hands between a Adjusted allowable expenses are affairs of the distributee, such as a willing buyer and a willing seller, when equal to the total allowable expenses parent or guardian. Also, include the neither is forced to buy or to sell, and multiplied by the inclusion ratio. If you title or relationship to the distributee. both have reasonable knowledge of have more than one inclusion ratio in all the relevant facts. FMV may not be Part II, column d, of Form 706-GS Line 2b determined by a forced sale price nor (D-1), prorate the total expense Enter the address at which you wish by the sale price of the item in a among the inclusion ratios based on to receive correspondence from the market other than that in which the the relative value of each distribution IRS regarding this return. If there is an item is most commonly sold to the made at the various inclusion ratios. entry on line 2a, the address entered public. The location of the item must here will normally be that of the be taken into account whenever You may deduct an expense even person listed on line 2a, rather than appropriate. though it has not been paid at the time the individual or trust listed on line 1a. the return is filed as long as the Determine the value of the property amount of the expense is clearly Part II distributed as of the date of the ascertainable at that time. If an distribution. The date of distribution is Report all the taxable distributions additional allowable expense is listed in Form 706-GS(D-1), Part II, with inclusion ratios greater than zero incurred after the return is filed, file column c. that you received during the year. The Form 843, Claim for Refund and trustee will report these distributions Reduce the value of any property Request for Abatement, to claim a to you on Form 706-GS(D-1). Attach a being reported in Part II by the amount refund. copy of each Form 706-GS(D-1) you of any consideration provided by the Example. The following example received during the year to this return. distributee. illustrates the rules above. You should also keep a copy for your Value the stock of close You listed three distributions in Part records. corporations or inactive stock on the II of Form 706-GS(D). The value of the -2- |
Page 3 of 3 Fileid: … 706GS(D)/201609/A/XML/Cycle04/source 17:36 - 21-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. first distribution is $10,000 and has an Line 6 Table of Maximum Tax Rates inclusion ratio of .25. The value of the Enter, using the table below, the second distribution is $20,000 and EPS File Name: 10828g01 Size: Width = 14.0 picas, Depth = 7 picasThe applicable rate in effect at the time the has an inclusion ratio of .33. The generation-skipping distribution If the generation-skipping maximum value of the third distribution is occurred. transfer occurred tax rate is $30,000 and has an inclusion ratio of .50. You received the completed Line 9 After December 31, 2002, but 49% before January 1, 2004 . . return from the preparer along with the Make your check payable to the bill for the preparer's fee on April 14 “United States Treasury.” Please write After December 31, 2003, but 48% and filed the return on April 15. You your SSN (or EIN), the year, and before January 1, 2005 . . paid the preparer's $200 fee on April “Form 706-GS(D)” on the check to After December 31, 2004, but 47% 20. The adjusted allowable expense assist us in posting it to the proper . . before January 1, 2006 you should report on line 4 of Part III is account. Enclose, but do not attach, $80, calculated as follows. the payment with Form 706-GS(D). After December 31, 2005, but 46% $10,000 before January 1, 2007 . . 200 = 33.33 .25 = 8 (rounded) $60,000 $20,000 After December 31, 2006, but 45% 200 = 66.67 .33 = 22 (rounded) $60,000 before January 1, 2010 . . $30,000 After December 31, 2009, but 0% 200 = 100 .50 = 50 $60,000 before January 1, 2011 . . Adjusted allowable expense =80 After December 31, 2010, but 35% before January 1, 2013 . . After December 31, 40% 2012 . . . . . . . . . . . . . . Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. We need it to figure and collect the right amount of tax. Subtitle B, Estate and Gift Taxes, of the Internal Revenue Code imposes a tax on certain distributions from a trust to a skip person; section 6109 requires you to provide your identification number. This form is used to figure the amount of the taxes that you owe. Failure to provide this information in a timely manner, or providing false or fraudulent information, may subject you to penalties. We may disclose this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. 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 average estimated time is: Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 min. Learning about the law or the form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 min. Preparing the form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 min. Copying, assembling, and sending the form to the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from http://www.irs.gov/formspubs/. Click on “More Information” and then on “Comment on Tax Forms and Publications.” Or you can also send your comments to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to File. -3- |