The form you are looking for begins on the next page of this file. Before viewing it, please see the important update information below. NewMailingAddresses Addressesformailingcertainformshavechangedsincetheformswerelastpublished. Thenewmailing addressesareshownbelow. Mailingaddressfor Forms706 A,706‐ GS(D),706‐ GS(T),706‐ NA,706 ‐ QDT,8612,8725,8831,8842, ‐ 8892,8924,8928: DepartmentoftheTreasury InternalRevenueServiceCenter KansasCity,MO64999 Mailingaddressfor Forms2678,8716,8822 B,8832,8855:‐ TaxpayersintheStatesBelow MailtheFormtoThisAddress Connecticut,Delaware,DistrictofColumbia,Georgia,Illinois,Indiana, Kentucky,Maine,Maryland,Massachusetts,Michigan,NewHampshire, DepartmentoftheTreasury NewJersey,NewYork,NorthCarolina,Ohio,Pennsylvania,RhodeIsland, InternalRevenueServiceCenter SouthCarolina,Vermont,Virginia,WestVirginia,Wisconsin KansasCity,MO64999 Alabama,Alaska,Arizona,Arkansas,California,Colorado,Florida,Hawaii, Idaho,Iowa,Kansas,Louisiana,Minnesota,Mississippi,Missouri, DepartmentoftheTreasury Montana,Nebraska,Nevada,NewMexico,NorthDakota,Oklahoma, InternalRevenueServiceCenter Oregon,SouthDakota,Tennessee,Texas,Utah,Washington,Wyoming Ogden,UT84201 This update supplements these forms’ instructions. Filers should rely on this update for the changes described, which will be incorporated into the next revision of the forms’ instructions. |
Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I706A/201609/A/XML/Cycle05/source (Init. & Date) _______ Page 1 of 5 13:34 - 8-Nov-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 Form 706-A Internal Revenue Service (Rev. September 2016) United States Additional Estate Tax Return ( For use with Form 706-A (Rev September 2013)) To report dispositions or cessations of qualified use under section 2032A of the Internal Revenue Code Section references are to the Internal Revenue and write “Form 706-A” and the qualified derived), whichever is greater, for the Code unless otherwise noted. heir's social security number on the preparation of each such return. See check or money order. section 6694, T.D. 9436; 2009-3 I.R.B. If you are making an election to 268, Notice 2008-11, 2008-3 I.R.B. 279; Future Developments increase basis, see Basis on page 2 for Notice 2008-13, 2008-3 I.R.B. 282; and For the latest information about information on paying interest. Notice 2008-46, 2008-18 I.R.B. 868 for developments related to Form 706 and more details. its instructions, such as legislation Where To File Definitions enacted after they were published, go to File Form 706-A at the following www.irs.gov/form706-A. address. Specially valued property. The term “specially valued property” means farm General Instructions Department of the Treasury or closely held business property that Internal Revenue Service Center the executor elected to value at actual Purpose of Form Cincinnati, OH 45999 use rather than fair market value (FMV) An heir must use Form 706-A to report (defined on page 3). The executor the additional estate tax imposed by Statute of Limitations makes the election on Form 706, United section 2032A(c) for an early disposition The additional estate tax may be States Estate (and Generation-Skipping of specially valued property or for an assessed until 3 years after the IRS Transfer) Tax Return, filed for the early cessation of a qualified use of receives notice that the qualified heir decedent. Specially valued property specially valued property. disposed of the specially valued refers to the qualified real property The recapture tax is limited to the tax property or ceased to use it for the described in section 2032A and savings attributable to the property qualified use. includes qualified real property owned indirectly, such as interests in certain actually disposed of (or for which However, if the property was partnerships, corporations, and trusts as qualified use ceased) rather than to the disposed of in an involuntary conversion described in section 2032A. tax savings attributable to all the or in an exchange, the tax may be If special valuation was elected on specially valued property received by assessed up to 3 years after the IRS Form 706, each qualified heir consented the heir. receives notice that the property was in writing to his or her personal liability replaced or will not be replaced. See for the additional estate tax attributable Who Must File section 2032A(f) for details. to his or her interest in the specially The qualified heir must file Form 706-A valued property. if there was any taxable event (see Lien Taxable Events later) with respect to the If the estate elected special-use Qualified heir. The term “qualified specially valued property even if no tax valuation, section 6324B establishes a heir” means, for any property, a member is ultimately due. Further, the qualified special lien against the specially valued of the decedent's family who acquired heir must file Form 706-A if there was property equal to the adjusted tax the property (or to whom the property any involuntary conversion or exchange difference attributable to the special-use passes) from the decedent. If a qualified of the specially valued property even if valuation. heir disposes of any interest in qualified the conversion or exchange is real property to any member of his or nontaxable. Penalties her family, that member shall thereafter be treated as the qualified heir for the When To File and Pay Return preparer. The Small Business interest. File Form 706-A and pay any additional and Work Opportunity Tax Act of 2007 taxes due within 6 months after the (Act) extends the application of return Taxable Events taxable disposition or cessation of the preparer penalties to preparers of estate The qualified heir causes a taxable qualified use unless an extension of tax returns. Under section 6694, as event by disposing of any interest in the time has been granted. amended by the Act, and the transitional specially valued property or ceasing to relief provided by Notice 2007-54, use the specially valued property for its Use Form 4768, Application for 2007-27 I.R.B. 12, and the final qualified use if: Extension of Time To File a Return Regulations contain in Treasury The disposition or cessation of and/or Pay U.S. Estate (and Decision 9436; 2009-1 CB 268, estate qualified use was before the death of Generation-Skipping Transfer) Taxes, to tax return preparers, who prepare any the qualified heir and apply for an automatic extension of time return or claim for refund which reflects The disposition or cessation was to file. Check the “Form 706-A” box in an understatement of tax liability due to within 10 years after the decedent's Part II of Form 4768. willful or reckless conduct, are subject death. (But see Two-Year Grace Make the check or money order to a penalty of $5,000 or 75% of the payable to the “United States Treasury” income derived (or income to be Nov 08, 2016 Cat. No. 10142D |
Page 2 of 5 Fileid: … ns/I706A/201609/A/XML/Cycle05/source 13:34 - 8-Nov-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Period—Commencement Date on 1. Neither the decedent nor any Required activities for material par- page 3.) member of the decedent's family ticipation. See the Instructions for materially participated in the operation Form 706. Only one additional estate tax will be of the farm or other business (while the imposed with respect to any one part of decedent held the property) and Basis specially valued property. For example, if additional estate tax is imposed for 2. Neither the qualified heir nor any See section 1014(a) for the basis of early cessation of a qualified use, a member of the qualified heir's family property acquired from a decedent. second additional estate tax will not be materially participated in the operation imposed for a subsequent early of the farm or other business (while the Election to increase basis. A disposition of the same part of the heir held the property). qualified heir may elect to increase the basis of specially valued property when specially valued property. If the decedent was retired or a taxable event (as defined on page 1) Disposition to family member. A disabled before death, there are special occurs. If this election is made, the disposition of an interest in property to a rules for applying the 8-year period to basis of the property shall increase to family member of the qualified heir is a paragraph (1) above. See section the excess of the FMV amount on the taxable event that must be reported on 2032A(b)(4) and the Instructions for decedent's date of death (or alternate Form 706-A. If the transferee enters into Form 706. valuation date, if applicable) over the an agreement to be personally liable for Member of family. The term “member value amount determined under section any additional tax under section of the family” includes only: 2032A. Once the election is made, it is 2032A(c), the disposition is nontaxable An ancestor (parent, grandparent, irrevocable. and you should enter it on Schedule C. etc.) of the individual (where individual To make the election, the qualified If the family member does not enter refers to either the decedent or a heir must: into the agreement, the disposition is qualified heir); Check the box on line 7 of Part I, taxable and you should enter it on The spouse of the individual; Enter on line 20 of Part II the amount Schedule A. A lineal descendant (child, stepchild, of interest being paid on the additional grandchild, etc.) of the individual, the estate tax due, and Disposition of timber. If the executor individual's spouse, or a parent of the File with Form 706-A, a statement made a qualified woodlands election individual; or that: (section 2032A(e)(13)(A)), the The spouse, widow, or widower of disposition or severing of timber from a. Contains the name, address, and any lineal descendant described above. the woodland is a disposition of a taxpayer identification number of the portion of the interest in the property. A legally adopted child of an qualified heir and of the estate; The disposition of a right to sever is individual is treated as a child of that b. Identifies the election as the treated as a disposition of the standing individual by blood. election under section 1016(c); and c. Specifies the property with timber. Period of material participation. respect to which the election is The additional estate tax on this To determine whether the material made. disposition is the amount equal to the participation requirement is satisfied, lesser of: include periods during which the A qualified heir who makes this The amount realized on the decedent's estate held the property. election must pay interest on the additional estate tax calculated from the disposition (or, if other than a sale or If a qualified heir dies before the date that is 9 months after the date of exchange at arm's length, the FMV of required period has passed, any the decedent's death to the date of the the interest disposed of) or material participation requirement ends payment of the additional estate tax. The amount of additional estate tax for that heir's portion of the property, that would have been imposed if the provided the heir received a separate or entire interest of the qualified heir in the other undivided interest from the Two-Year Grace qualified woodland had been disposed decedent. Period—Commencement of, minus any additional estate tax imposed on all earlier transactions If qualified heirs receive successive Date involving the woodland. interests in specially valued property For the two years immediately following (for example, a life estate and the date of the decedent's death, the Cessation of qualified use. The remainder interests), the material failure by the qualified heir to begin specially valued real property must be participation requirement does not end using the property in a qualified use will used as a farm for farming purposes, or for any part of the property until the later not be considered a cessation of used in a trade or business other than of the expiration of the recapture period qualified use and therefore will not the trade or business of farming. For or the death of the last qualified heir. trigger the additional estate tax. The more details, see the Instructions for In determining whether the required date on which the qualified heir begins Form 706. participation has occurred, disregard to use the property in a qualified use is The qualified use ceases if the brief periods (30 days or less) during the commencement date. specially valued real property is not which there was no material used for the qualified use described participation. But you may disregard The 10-year recapture period is earlier. Use of the property as a farm or these periods only if they were both extended by the period after the other business is also considered to preceded and followed by substantial decedent's death and before the cease if, during any 8-year period that periods (more than 120 days) in which commencement date. ends after the decedent's death, there there was uninterrupted material For example, if the decedent died were periods totaling more than 3 years participation. during which: February 28, 2011, and the commencement date is August 1, 2012, -2- |
Page 3 of 5 Fileid: … ns/I706A/201609/A/XML/Cycle05/source 13:34 - 8-Nov-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the recapture period would begin Column C. Report in column C the Schedule B. Involuntary August 1, 2012, and end July 31, 2022. date that the qualified heir disposed of Conversions or the specially valued property or How To Complete Form discontinued the qualified use. Exchanges Involuntary conversions of qualified real 706-A Column D. If the qualified heir property (under the rules of section You may file Form 706-A for only one disposed of the specially valued 1033) and exchanges of qualified real qualified heir. If a disposition, cessation, property in an arm's length transaction, property (under the rules of section involuntary conversion, or exchange report in column D the amount realized. 1031) are treated similarly when involves more than one qualified heir, each heir must file a separate Form Arm's length transaction. An arm's computing the additional estate tax on 706-A. length transaction is a transaction where Form 706-A. there is no bargain or gift element for The rules later apply to all qualified Complete Form 706-A in this order: affection or other reasons. heirs, whether or not they made an 1. Part I, election, for involuntary conversions and Amount realized. The amount 2. Schedules A and B, realized is the sum of the money exchanges occurring after 1981. 3. Part II, received plus the FMV of property (other If you are reporting an involuntary 4. Schedule C. than money) received. For the real conversion or exchange, you may not property taxes that must be taken into use the same Form 706-A to report any Note. The qualified heir must sign the account, see section 1001(b). cessations or other dispositions that are return. If the qualified heir owned only a part not involuntary conversions or of the specially valued property, report exchanges. Use a separate Form 706-A in column D the pro rata share of the for the cessations or other dispositions. Specific Instructions amount realized that is allocable to the part owned by the qualified heir. You may report conversions and Valuation exchanges together on the same return. If the specially valued property is When computing the amounts to enter Nontaxable Involuntary disposed of by the qualified heir in other on Form 706-A, use the same values than an arm's length transaction, or if and estate tax that the executor Conversions or Exchanges the qualified use is discontinued by the reported on the Form 706 filed for the If the qualified heir reinvests all of the qualified heir, report in column D the decedent. However, if the IRS has involuntary conversion proceeds in FMV of the specially valued property as completed the audit of the estate tax qualified replacement property or if the of the date of disposition or cessation of return, use the agreed values and tax qualified heir exchanges qualified real qualified use. rather than the reported values and tax. property solely for qualified exchange Fair market value. Fair market property, then there is no additional Schedule A. Disposition of value (FMV) is the price at which the estate tax. Specially Valued Property property would change hands between You should complete Form 706-A, a willing buyer and a willing seller, even though there is no tax, to notify the or Cessation of Qualified neither being under any compulsion to IRS that the involuntary conversion or Use buy or to sell and both having exchange took place. However, you On Schedule A, list every specially reasonable knowledge of relevant facts. must complete only Part I, Schedule B, valued property interest that the For additional information and and Schedule A. Write “nontaxable” on qualified heir disposed of or examples, see Regulations section line 19 of Part II. discontinued use of since the date of the 20.2031-1(b). If the qualified heir owned decedent's death and for which a Form only a part of the specially valued Partially Taxable Involuntary 706-A has not been previously filed. Do property, report in column D the pro rata Conversions or Exchanges not list any interests that have already share of the FMV allocable to the part If the cost of the qualified replacement been reported on Schedule A or B of a owned by the qualified heir. property is less than the amount previously filed Form 706-A. In general, realized in the involuntary conversion or do not list property interests disposed of Column E. Report in column E the to family members of the qualified heir. special-use value at the date of the if other property in addition to qualified These interests should be listed on decedent's death (or alternate valuation exchange property is received in the Schedule C. date) of the specially valued property exchange, the conversion or exchange that passed from the decedent to the is partially taxable. You should complete Column A. Number and list the qualified heir who disposed of the all of Form 706-A and determine the tax property interests in chronological order property or discontinued the qualified using Part II. of disposition or cessation. use. Use the same special-use value List on Schedule A all specially Column B. Use the same description in that the executor reported on the Form valued property that the qualified heir column B that the executor used for the 706 filed for the decedent's estate. If the disposed of or discontinued use of, specially valued property on the Form IRS has completed the audit of the regardless of whether he or she 706 filed for the decedent. Please estate tax return, use the agreed value received replacement or exchange include in column B the schedule and rather than the reported value. If the property for it. List on Schedule B only item number where the specially valued qualified heir owned only a part of the the replacement or exchange property property was reported on the Form 706 specially valued property, report in the qualified heir actually received. filed for the decedent's estate. column E the pro rata share of the special-use value allocable to the part owned by the qualified heir. -3- |
Page 4 of 5 Fileid: … ns/I706A/201609/A/XML/Cycle05/source 13:34 - 8-Nov-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified Replacement or Line 3a Paid Preparer Exchange Property Enter the amount of the estate tax for Authorization Qualified replacement property means the decedent's estate that is If you want to allow the IRS to discuss any real property that is to be used for recomputed using FMV at the estate tax the tax return with the paid preparer who the qualified use and that: valuation date rather than actual use signed it, check the “Yes” box in the Was acquired in an exchange that value. Attach a schedule showing the signature area of the return. This qualified under section 1031, recomputed estate tax. authorization applies only to the Was purchased by the qualified heir individual whose signature appears in within the time specified by section Schedule C. Dispositions the Paid Preparer Use Only section of 1033 to replace the qualified property, to Family Members of the the return. It does not apply to the firm, if or any, shown in that section. If the “Yes” Is real property into which the Qualified Heir box is checked, you are authorizing the qualified real property has been Agreement by transferee. You may IRS to call the paid preparer to answer converted. enter a disposition to a family member any questions that may arise during the of the qualified heir on Schedule C only processing of its return. You are also Qualified exchange property means if you file this Form 706-A on time authorizing the paid preparer to: any real property that is to be used for (including extensions) and attach an Give the IRS any information that is the same qualified use that the property agreement by the transferee to be missing from your return, for which it was exchanged was used. personally liable for any additional Call the IRS for information about the estate tax under section 2032A(c) on processing of your return or the status of The period of the decedent's or the interest received. For a format of the any refund or payment(s), and family member's ownership, qualified agreement, see Form 706, Respond to certain IRS notices that use, or material participation with Schedule A-1. you may have shared with the preparer respect to replaced or exchanged about math errors, offsets, and return property is treated as the period of If you are not filing this Form 706-A ownership, qualified use, or material on time, or if the transferee does not preparation. participation with respect to the qualified enter into the agreement, you must The notices will not be sent to the replacement or exchange property. This enter the disposition(s) on Schedule A preparer. You are not authorizing the applies only to that part of the FMV of instead of Schedule C. paid preparer to receive any refund check, bind you to anything (including the replacement or exchange property How To Complete any additional tax liability), or otherwise (at the date of acquisition) that does not Schedule C represent you before the IRS. If you exceed the FMV of the replaced or want to expand the paid preparer’s exchanged property (at the date of See the instructions for completing disposition). columns A, B, and C of Schedule A on authorization, see Pub. 947, Practice page 3. Before the IRS and Power of Attorney. Note. The 10-year recapture period is However, the authorization will extended under certain circumstances. Signature(s) automatically end no later than the due date (excluding extensions) for filing the See Two-Year Grace Form 706-A must be signed. The tax return. If you want to revoke the Period—Commencement Date earlier. taxpayer (or person filing on his or her authorization before it ends, see Pub. behalf) must verify and sign the 947. How To Complete declaration on page 1 under penalties of Schedule B perjury. The taxpayer may use Form Privacy Act and Paperwork Reduc- Column A. Make one entry for each 2848, Power of Attorney and tion Act Notice. We ask for the item of qualified replacement or Declaration of Representative, to information on this form to carry out the exchange property. authorize another person to act for him Internal Revenue laws of the United or her before the Internal Revenue States. We need it to figure and collect Column B. Describe the qualified Service. the right amount of tax. Subtitle B, replacement property with enough detail so that the IRS can locate and value it. Generally, anyone who is paid to Estate and Gift Taxes, of the Internal For more information, see the prepare the return must sign the return Revenue Code, imposes a tax in some instructions to Schedule A of Form 706. in the space provided and fill in the Paid cases on qualified heirs who dispose of Preparer's Use Only area. See section property valued under special valuation Column C. For an involuntary 7701(a)(36)(B) for exceptions. rules. This form is used to determine the conversion, enter the cost of the amount of the taxes that you owe. replacement property. For an exchange, In addition to signing and completing Section 6011 requires you to provide enter the FMV of the replacement the required information, the paid the requested information if the tax is property. preparer must give a copy of the applicable to you. Section 6109 requires completed return to the taxpayer. you to provide your identifying number. Part II—Tax Computation Note. A paid preparer may sign original Generally, tax returns and return Line 2 or amended returns by rubber stamp, information are confidential, as required Enter the total value at the estate tax mechanical device, or computer by section 6103. However, section 6103 valuation date of all specially valued software program. allows or requires the Internal Revenue property that the executor elected, on Service to disclose or give such the Form 706 filed for the decedent's information shown on your Form 706-A estate, to value at actual use rather than to the Department of Justice to enforce FMV. the tax laws, both civil and criminal, and -4- |
Page 5 of 5 Fileid: … ns/I706A/201609/A/XML/Cycle05/source 13:34 - 8-Nov-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to cities, states, the District of Columbia, may become material in the If you have comments concerning the U.S. commonwealths or possessions, administration of any Internal Revenue accuracy of these time estimates or and certain foreign governments for use law. suggestions for making this form in administering their tax laws. We may simpler, we would be happy to hear also disclose this information to other The time needed to complete and file from you. You can send your comments countries under a tax treaty, to federal this form will vary depending on to: nontax criminal laws, or to federal law individual circumstances. The estimated enforcement and intelligence agencies average time is: Internal Revenue Service to combat terrorism. If you fail to provide Tax Forms and Publications this information in a timely manner, you Recordkeeping 3 hr., 17 min. Division may be subject to penalties and interest. Learning about the law 1111 Constitution Ave. NW, You are not required to provide the or the form 2 hr., 11 min. IR-6526 Washington, DC 20224 information requested on a form that is Preparing the form 1 hr., 39 min. subject to the Paperwork Reduction Act Copying, assembling, Do not send the tax form to this office. unless the form displays a valid OMB and sending the form Instead, see Where To File. control number. Books or records to the IRS 1 hr., 3 min. relating to a form or its instructions must be retained as long as their contents -5- |