Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I4768/202002/A/XML/Cycle07/source (Init. & Date) _______ Page 1 of 4 10:14 - 11-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 4768 (Rev. February 2020) Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes Section references are to the Internal Revenue Code Transfer Tax Return For Distributions. Instead, use Form unless otherwise noted. 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Future developments. For the latest information about Returns. developments related to Form 4768 and its instructions, such as legislation enacted after they were published, go Note. If you are applying for an extension for Form 706-A, to IRS.gov/Form4768. substitute “qualified heir” (or “trustee/designated filer” for Form 706-QDT) for “executor” in these instructions unless What’s New the context clearly requires otherwise. Change to Part II. Extension of Time To File Form 706, 706-A, 706-NA, or 706-QDT (Section 6081). Who May File Under Regulations section 20.6081-1(c), an executor who An executor filing Form 706 or 706-NA for a decedent's failed to timely apply for an automatic 6-month extension estate may file Form 4768 to apply for an extension of of time to file Form 706 may still apply for an extension of time to file under section 6081(a) and/or an extension of time to file upon a showing of good and sufficient cause. A time to pay the estate tax under section 6161(a)(2). See line item and check box for estates that are requesting an the instructions for Form 706 or 706-NA for a definition of extension of time to file Form 706, 706-A, 706-NA, or the term “executor.” If there is more than one executor, 706-QDT for good and sufficient cause have been added only one is required to sign Form 4768. under Part II. Also, an authorized attorney, certified public New Form 4768-A. Form 4768 has been revised and accountant, enrolled agent, or agent holding power of page 2 has been removed. Applicants no longer need to attorney may use this form to apply for an extension of send two copies of page 2 with the application. The IRS time on behalf of the executor. will provide a response to the filer on Form 4768-A, Reply to Request for Extension of Time to Pay U.S. Estate A qualified heir who is filing Form 706-A, or a trustee/ Taxes (Section 6161). designated filer filing Form 706-QDT, may use Form 4768 to request an extension of time to file the return and/or pay the additional tax. General Instructions The form must be signed by the person filing the Purpose of Form application. If filed by an attorney, certified public Use Form 4768 for the following purposes. accountant, enrolled agent, or agent holding a power of • To apply for an automatic 6-month extension of time to attorney, check the appropriate box. file: When To File 1. Form 706, United States Estate (and Generation- Skipping Transfer) Tax Return; Automatic extension (Part II). If you are applying for an 2. Form 706-A, United States Additional Estate Tax automatic 6-month extension of time to file Form 706, Return; 706-A, 706-NA, or 706-QDT, file Form 4768 by the original due date for the applicable return. 3. Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of Extension for cause (Part II). If you haven’t filed an nonresident not a citizen of the United States; or application for an automatic extension for Form 706, and 4. Form 706-QDT, United States Estate Tax Return for the time for filing such an application has passed, an Qualified Domestic Trusts. extension of time to file may still be granted if good cause • To apply for a discretionary (for cause) extension of is shown. File Form 4768, along with explanations of why time to file Form 706 (Part II of Form 4768). the automatic extension wasn’t requested and why a • To apply for a discretionary (additional) extension of complete return wasn’t filed by the due date, no later than time to file Form 706 (Part II of Form 4768). 6 months after the original due date for the applicable • To apply for an extension of time to pay estate or return. generation-skipping transfer (GST) tax under section Additional extension (Part II). An additional extension 6161 (Part III of Form 4768). is available only if you are an executor who is out of the country. Note. Do not use Form 4768 to request an automatic extension of time to file Form 706-GS(T), If you have already received a 6-month extension and Generation-Skipping Transfer Tax Return For are applying for an additional extension, include an Terminations, or Form 706-GS(D), Generation-Skipping explanation of why a reasonably complete return can’t be filed by the due date. File Form 4768 early enough to Mar 11, 2020 Cat. No. 35592D |
Page 2 of 4 Fileid: … ns/I4768/202002/A/XML/Cycle07/source 10:14 - 11-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. allow the IRS to consider the application before the Bond extended due date. If an extension of time to pay is granted, the executor may Extension of time to pay (Part III). An application for be required to furnish a bond. an extension of time to pay estate tax applied for after the estate tax due date will generally not be considered by the IRS. Specific Instructions How To File Due Dates File a separate Form 4768 for each return for which you Forms 706 and 706-NA. The due date for Form 706 and are requesting an extension of time to file. Check the Form 706-NA is 9 months after the date of the decedent's appropriate form number in Part II of Form 4768. The death. If there is no numerically corresponding date in the applicable return must be filed before the extension of 9th month, the due date is the last date of the 9th month. time to file expires. Form 706-A. Form 706-A is due 6 months after the A separate Form 4768 is required to request an taxable disposition or cessation of qualified use. extension of time to pay the following. Form 706-QDT. Form 706-QDT is due: • The tax due shown on Form 706. On or after January 1 but not later than April 15 of the • • The tax due as a result of an amended or supplemental year following any calendar year in which a taxable event Form 706. occurred, or a distribution was made on account of • The additional tax due as a result of an IRS examination hardship; or of Form 706. Nine months after (a) the death of the surviving spouse, • • The tax due as a section 6166 installment payment. or (b) the failure of the trust to qualify as a Qualified When requesting an extension of time to pay, don’t Domestic Trust (QDOT). send Form 4768 with Form 706. It must be mailed in a Note. If the due date falls on a Saturday, Sunday, or legal separate envelope to the Internal Revenue Service Center holiday, the return is due on the next business day. listed under Where To File next. Part II. Extension of Time To File Where To File Form 706, 706-A, 706-NA, or 706-QDT Forms 706, 706-A, 706-NA, and 706-QDT. File an extension request for these forms at the following (Section 6081) address: An extension of time to file doesn’t extend the time Internal Revenue Service Center ! to pay. See Part III. Extension of Time To Pay, Attn: Estate & Gift, Stop 824G CAUTION later, for details. 7940 Kentucky Drive Automatic extension. An executor may apply for an Florence, KY 41042-2915 automatic 6-month extension of time to file Form 706, 706-A, 706-NA, or 706-QDT. Unless you are an executor Private delivery services (PDS). Filers can use certain who is out of the country (see below), the automatic PDS designated by the IRS to meet the “timely mailing as extension of time to file is 6 months from the original due timely filing/paying” rule for tax returns and payments. Go date of the applicable return. Check the designated box to IRS.gov/PDS for the current list of designated services. and complete the form as instructed. Deliveries by PDS should be made to: You don’t have to explain why you are asking for an automatic extension. However, you must file Form 4768 Internal Revenue Service Center by the original due date of the applicable return. Attn: Estate & Gift, Stop 824G 7940 Kentucky Drive Note. We will only contact you if your request for Florence, KY 41042-2915 extension of time to file is denied. Therefore, unless you have been notified that your request was denied, the The PDS can tell you how to get written proof of the applicable return is due on or before 6 months from the mailing date. original due date of the applicable return. Keep a copy of the form for your records. Interest Interest must be paid on any estate and GST taxes that Extension For Cause/Form 4768 Not Filed In Time aren’t paid in full by the original due date of the tax return, For Automatic Extension. An executor who failed to regardless of whether an extension of time to file and/or timely apply for an automatic 6-month extension of time to pay has been obtained. file Form 706, 706-A, 706-NA, or 706-QDT may still apply for an extension of time to file upon a showing of good and Penalties sufficient cause (extension for cause). Unless you are an Penalties may be imposed for failure to file the estate (and executor who is out of the country (see below), you must GST) tax return within the extension period granted, or file Form 4768 to apply for an extension for cause within failure to pay the balance of the estate (and GST) tax due the 6-month period after the original due date of the within the extension period granted. applicable return. If granted, the extension for cause -2- |
Page 3 of 4 Fileid: … ns/I4768/202002/A/XML/Cycle07/source 10:14 - 11-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. extends for 6 months from the original due date of the Part III. Extension of Time To Pay applicable return, and not from the date the Form 4768 is filed or the date the extension is granted. (Section 6161) To apply for an extension for cause, check the An extension of time to pay doesn’t extend the designated box in the Extension For Cause/Form 4768 ! time to file. Not Filed In Time For Automatic Extension section and CAUTION complete the form as instructed. You must attach a An extension of time to pay may not exceed 12 months. written statement explaining in detail: An extension of time to pay for reasonable cause may be 1. Why you did not timely request an automatic granted, for 1 year at a time, for up to a maximum of 10 extension, years. An extension of time to pay a deficiency for 2. Why it was impossible or impractical to file the reasonable cause may be granted, for 1 year at a time, up return by the due date, and to a maximum of 4 years. Different extension periods may apply to extensions of time granted for a section 6163 3. The specific reasons why you have good and election (reversionary or remainder interest) or a section sufficient cause for failing to timely request an automatic 6166 election (closely held business). extension. To assist us in processing the form, read the bulleted Note. We will contact you only if your request for items, check the appropriate box, enter the extension date extension of time to file is denied. Therefore, unless you you are requesting as indicated, and complete Part IV. have been notified that your request was denied, file the applicable return on or before 6 months from the original Attach a statement to the form explaining why it is due date of the applicable return. Keep a copy of the form impossible or impractical for the executor to pay the full for your records. amount of the estate tax by the estate tax return due date. Examples of reasonable cause provided in Regulations Additional extension. An executor who is out of the section 20.6161-1(a) include the following. country may apply for an additional extension of time • An estate includes sufficient liquid assets to pay the beyond the automatic 6-month extension (or extension for estate (and GST) tax when otherwise due. The liquid cause). assets, however, are located in several jurisdictions and To apply for an additional extension, check the aren’t immediately subject to the control of the executor. designated box and complete the form as instructed, Consequently, such assets can’t readily be collected by including entering the extension date requested. You the executor, even with reasonable effort. must attach a written statement explaining in detail why it • An estate is comprised, in substantial part, of assets was impossible or impractical to file the return by the due consisting of rights to receive payments in the future (for date. For Forms 706-A and 706-QDT, the qualified heir or example, annuities, copyright royalties, contingent fees, or trustee/designated filer must also include the date and a accounts receivable). These assets provide insufficient description of the taxable event. present cash with which to pay the estate (and GST) tax An executor should apply for an automatic 6-month when otherwise due and the estate can’t borrow against extension (or extension for cause) and then apply for any these assets except upon terms that would cause a loss additional extension. You can’t combine an application for to the estate. an automatic extension (or extension for cause) and an • An estate includes a claim to substantial assets which additional extension on the same Form 4768. can’t be collected without litigation. Consequently, the Applications for an additional extension following an size of the gross estate is unascertainable at the time the automatic extension (or extension for cause) should be tax is otherwise due. filed early enough to give the IRS time to consider the • An estate doesn’t have sufficient funds (without application before the extension date requested. borrowing at a rate of interest higher than that generally available) with which to pay the entire estate (and GST) Note. We will contact you only if your request for tax when otherwise due, to provide a reasonable extension of time to file is denied. Therefore, unless you allowance during the remaining period of administration of have been notified that your request was denied, file the the estate for the decedent's surviving spouse and applicable return on or before the extension date dependent children, and to satisfy claims against the requested. Keep a copy of the form for your records. estate that are due and payable. In addition, the executor has made a reasonable effort to convert assets in the If a form on extension isn’t required to be filed after executor's possession (other than an interest in a closely an extension of time to file has been granted. If you held business to which section 6166 applies) into cash. have been granted an automatic extension, extension for cause, or additional extension, and it is later determined See Notice to Applicant, later, for details on appeal that you aren’t required to file the form extended (that is, rights. Form 706, 706-A, 706-NA, or 706-QDT), write a letter to the Internal Revenue Service Center listed under Where Part IV. Payment To Accompany To File, earlier, stating that no return is required for the Extension Request estate. Sending this letter should eliminate the need for In general, an extension of time to pay will be granted only any further correspondence with the IRS. Please include for the amount of the cash shortage. You must show on with your letter a copy of the Estate's Probate Inventory Part IV, line 1, the amount of the estate and GST taxes and Appraisement. due (attach a copy of the return if it has already been filed; -3- |
Page 4 of 4 Fileid: … ns/I4768/202002/A/XML/Cycle07/source 10:14 - 11-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. otherwise, estimate the tax). On Part IV, line 2, indicate the amount of the cash shortage, including a statement of Paperwork Reduction Act Notice the current assets already distributed, and if applicable, You aren’t required to provide the information requested the plan for partial payments during the extension period. on a form that is subject to the Paperwork Reduction Act On Part IV, line 3, show the balance due. unless the form displays a valid OMB control number. Interest must be paid on any estate and GST taxes that Books or records relating to a form or its instructions must aren’t paid in full by the original due date of the tax return, be retained as long as their contents may become regardless of whether an extension of time to file and/or material in the administration of any Internal Revenue law. pay has been obtained. For this reason, you should pay Generally, tax returns and return information are as much of the tax as possible by the original (not confidential, as required by section 6103. extended) due date of the return. The time needed to complete and file this form will vary depending on individual circumstances. The estimated Note. A payment submitted with Form 4768 that is average time is: designated as a payment of estimated nondeferrable tax based on the intention to elect to extend the time for Recordkeeping 26 min. Learning about the law or the form payment of estate tax under section 6166 won’t be 12 min. refunded if there is a remaining tax liability, even if the payment exceeds the amount of the non-deferred liability. Preparing the form 30 min. Instead, the payment will be applied to any other tax Copying, assembling, and sending the form to liabilities, under sections 6402 and 6403. IRS 20 min. Paying the tax. Make the check or money order payable to “United States Treasury.” Write the decedent's (or qualified heir's) social security number and the type of If you have comments concerning the accuracy of return (for example, “Form 706”) on the payment. these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can Reply to Application send us comments from IRS.gov/FormComments. Or you The IRS will send Form 4768-A to the executor if you are can write to: applying for an extension of time to pay. When submitting payment, attach a copy of the approved application and/or Internal Revenue Service Form 4768-A. The part of the estate tax for which the Tax Forms and Publications Division extension is granted must be paid with interest from the 1111 Constitution Ave. NW, IR-6526 estate tax due date before the expiration of the extension Washington, DC 20224 granted. Don’t send the tax form to this address. Instead, see Note. If the executor would like the IRS to provide a copy Where To File, earlier. of the approval to the applicant, provide Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization. Application Denied—Appeal Rights If your application for extension of time to pay is denied, you may file a written appeal with the IRS. To file an appeal, you must: • Send your appeal to the address shown on Form 4768-A that was sent to the executor by the IRS; • Include the signature of the executor or the taxpayer's authorized representative; • Provide a detailed statement with the reason(s) why the taxpayer disagrees with the denial and a copy of the Form 4768-A; • Include documentation to support inability to pay, reasonable cause or timely filing, facts and law to support the appeal; and • File your appeal within the 10-day period beginning the day after the date on Form 4768-A. The appeal is considered filed on the date it is postmarked. If the due date falls on a Saturday, Sunday, or legal holiday, it will be considered timely if postmarked by the next business day. -4- |