Caution: The form, instruction, or publication you are looking for begins on the next page. But first see the important information below. This form, instruction, or publication is being revised to reflect legislation enacted December 20, 2019. The updated revision will be posted here as soon as possible. We apologize for the delay and inconvenience. The most recently issued final revision begins on the next page, but, again, is currently being updated. Early release drafts of forms and instructions (and some pubs) are posted before the final release at www.irs.gov/DraftForms (note that they remain there after the final release is posted). The most recently issued final revision of forms, instructions, and publications is posted at www.irs.gov/LatestForms and at www.irs.gov/AllForms, which has revisions for all years each form, instruction, or pub has been issued. Almost every form and publication has a page on IRS.gov with a friendly shortcut. For example, the Form 1040 page is at www.irs.gov/Form1040; the Pub. 501 page is at www.irs.gov/Pub501; the Form W-4 page is at www.irs.gov/W4; and the Schedule A (Form 1040 or 1040-SR) page is at www.irs.gov/ScheduleA. (If typing in a link above instead of clicking on it, be sure to type the link into the address bar of your browser, not a Search box.) Note that instructions and publications are available from these pages in PDF for printing, HTML for viewing online, and in many cases, in eBook format for mobile viewing (see www.irs.gov/eBook for more details). If you wish, you can submit comments to the IRS about draft or final forms, instructions, or publications at www.irs.gov/FormComments. We cannot respond to all comments due to the high volume we receive and may not be able to consider many suggestions until the subsequent revision of the product. All information about forms, instructions, and pubs is at www.irs.gov/Forms. |
Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: Instructions/I4768/201208/C/XML/Cycle02/source (Init. & Date) _______ Page 1 of 4 10:47 - 29-Aug-2012 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 4768 Internal Revenue Service (Rev. August 2012) 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 accountant, enrolled agent, or agent holding a power of unless otherwise noted. attorney, check the appropriate box. When To File General Instructions Automatic extension (Part II). If you are applying for an Purpose of Form automatic 6-month extension of time to file Forms 706, Use Form 4768 for the following purposes: 706-A, 706-D, 706-NA, or 706-QDT, file Form 4768 by the original due date for the applicable return. To apply for an automatic 6-month extension of time to file: Additional extension (Part II). An additional extension 1. Form 706, United States Estate (and Generation- is available only if you are an executor who is out of the Skipping Transfer) Tax Return; country. 2. Form 706-A, United States Additional Estate Tax If you have already received an automatic 6-month Return; extension and are applying for an additional extension, include an explanation of why a reasonably complete 3. Form 706-D, United States Additional Estate Tax return cannot be filed by the due date. File Form 4768 Return Under Code Section 2057; early enough to allow the IRS to consider the application 4. Form 706-NA, United States Estate (and before the extended due date. Generation-Skipping Transfer) Tax Return, Estate of nonresident not a citizen of the United States; or Extension for cause. If you have not filed an application for an automatic extension for Form 706, and the time for 5. Form 706-QDT, United States Estate Tax Return for filing such an application has passed, an extension of time Qualified Domestic Trusts. to file may still be granted if good cause is shown. File To apply for a discretionary (additional) extension of Form 4768, along with explanations of why the automatic time to file Form 706 (Part II of Form 4768); extension was not requested and why a complete return To apply for a discretionary (for cause) extension of was not filed by the due date, as soon as possible. time to file Form 706; or Note. An application for an extension of time to pay To apply for an extension of time to pay estate or estate tax applied for after the estate tax due date will generation-skipping transfer tax under section 6161 (Part generally not be considered by the IRS. III of Form 4768). How To File Note. If you are applying for an extension for Form 706-A or 706-D, substitute “qualified heir” (or “trustee/designated File a separate Form 4768 for each form for which you are filer” for Form 706-QDT) for “executor” in these requesting an extension of time to file. Check the instructions unless the context clearly requires otherwise. appropriate form number in Part II of Form 4768. A separate Form 4768 is required to request an Who May File extension of time to pay: An executor filing Forms 706 or 706-NA for a decedent's The tax due shown on Form 706, estate may file Form 4768 to apply for an extension of The tax due as a result of an amended or supplemental time to file under section 6081(a) and/or an extension of Form 706, time to pay the estate tax under section 6161(a)(2). See The additional tax due as a result of an IRS examination the instructions for Forms 706 or 706-NA for a definition of of Form 706, or the term “executor.” If there is more than one executor, The tax due as a section 6166 installment payment. only one is required to sign Form 4768. When requesting an extension of time to pay, do not Also, an authorized attorney, certified public send Form 4768 with Form 706. It must be mailed in a accountant, enrolled agent, or agent holding power of separate envelope to the Internal Revenue Service Center attorney may use this form to apply for an extension of listed under Where To File. time on behalf of the executor. The return must be filed before the extension of time A qualified heir who is filing Form 706-A or Form 706-D, expires. It may not be amended after this time, although or a trustee/designated filer filing Form 706-QDT, may use supplemental information may later be filed which may Form 4768 to request an extension of time to file the result in a different amount of tax. return and/or pay the additional tax. The form must be signed by the person filing the application. If filed by an attorney, certified public Aug 29, 2012 Cat. No. 35592D |
Page 2 of 4 Fileid: Instructions/I4768/201208/C/XML/Cycle02/source 10:47 - 29-Aug-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Where To File Nine months after (a) the death of the surviving spouse, or (b) the failure of the trust to qualify as a Qualified Forms 706, 706-A, 706-D, 706-NA, and 706-QDT. File Domestic Trust (QDOT). an extension request for these forms at the following address: Note. If the due date falls on a Saturday, Sunday, or legal holiday, the return is due on the next business day. Department of the Treasury Internal Revenue Service Center Part II. Extension of Time To File Cincinnati, OH 45999 Forms 706, 706-A, 706-D, 706-NA, or Private delivery services (PDS). In addition to the 706-QDT (Section 6081) United States mail, filers can use certain PDS designated Automatic extension. An executor may apply for an by the IRS to meet the “timely mailing as timely filing/ automatic 6-month extension of time to file Form 706, paying” rule for tax returns and payments. These private 706-A, 706-D, 706-NA, or 706-QDT. Unless you are an delivery services include only the following: executor who is out of the country (see below), the DHL Express (DHL): DHL Same Day Service. maximum extension of time to file is 6 months from the Federal Express (FedEx): FedEx Priority Overnight, original due date of the applicable return. Check the FedEx Standard Overnight, FedEx 2Day, FedEx designated box and complete the form as instructed. International Priority, and FedEx International First. You do not have to explain why you are asking for an United Parcel Service (UPS): UPS Next Day Air, UPS automatic extension. However, you must file Form 4768 Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air by the original due date of the applicable return. We will A.M., UPS Worldwide Express Plus, and UPS Worldwide contact you only if your request for extension of time to file Express. is denied. Keep a copy of the form for your records. The private delivery service can tell you how to get written proof of the mailing date. Note. An extension of time to file does not extend the time to pay. Interest Additional extension. If you are an executor who is out Interest must be paid on any estate and GST taxes that of the country, you can apply for an additional extension of are not paid in full by the original due date of the tax time to file in excess of the automatic 6-month extension. return, regardless of whether an extension of time to file Check the designated box, complete the form as and/or pay has been obtained. instructed, and attach the statement described in Part II of Form 4768. For Forms 706-A, 706-D, and 706-QDT, the Penalties qualified heir or trustee/designated filer must also include Penalties may be imposed for failure to file the estate (and the date and a description of the taxable event. GST) tax return within the extension period granted, or You should apply for an automatic 6-month extension failure to pay the balance of the estate (and GST) tax due and then apply for any additional extension. You cannot within the extension period granted. combine an application for an automatic extension and an Bond additional extension on the same Form 4768. If an extension of time to pay is granted, the executor may Applications for an additional extension following an be required to furnish a bond. automatic extension should be filed early enough to give the IRS time to consider the application before the due date. Specific Instructions Note. We will contact you only if your request for Due Dates extension of time to file is denied. Keep a copy of the form for your records. Forms 706 and 706-NA. The due date for Form 706 and Form 706-NA is 9 months after the date of the decedent's Extension for Cause death. If there is no numerically corresponding date in the Under Regulations section 20.6081-1(c), an executor who 9th month, the due date is the last date of the 9th month. failed to timely apply for an automatic 6-month extension Form 706-A. Form 706-A is due 6 months after the of time to file Form 706 may still apply for an extension of taxable disposition or cessation of qualified use. time to file upon a showing of good and sufficient cause. Form 706-D. Form 706-D is due 6 months after the If you are applying for an extension for cause, you taxable disposition, cessation of material participation, or must: disqualifying act. Complete Part I; Form 706-QDT. Form 706-QDT is due: Sign the declaration (on the appropriate line) at the On or after January 1 but not later than April 15 of the bottom of Form 4768 under penalties of perjury; year following any calendar year in which a taxable event Check all boxes that apply; and occurred, or Attach a written statement explaining in detail why: 1. You were unable to request an automatic extension, -2- |
Page 3 of 4 Fileid: Instructions/I4768/201208/C/XML/Cycle02/source 10:47 - 29-Aug-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. It is impossible or impractical to file Form 706 by the allowance during the remaining period of administration of due date, and the estate for the decedent's surviving spouse and 3. You should be granted an extension at this time. dependent children, and to satisfy claims against the estate that are due and payable. In addition, the executor Unless the executor is out of the country, the requested has made a reasonable effort to convert assets in the extension cannot be for more than 6 months from the executor's possession (other than an interest in a original due date of the Form 706. closely-held business to which section 6166 applies) into cash. Note. We will contact you only if your request for extension of time to file is denied. Keep a copy of the form In general, an extension of time to pay will be granted for your records. only for the amount of the cash shortage. You must show on Part IV, line 1 the amount of the estate and GST taxes If a form on extension is not required to be filed after due (attach a copy of the return if it has already been filed; an extension of time to file has been granted. If you otherwise estimate the tax). On Part IV, line 2, indicate the have been granted an automatic extension, additional amount of the cash shortage, including a statement of the extension, or extension for cause, and it is later current assets already distributed, and if applicable, the determined that you are not required to file the form plan for partial payments during the extension period. On extended (that is, Forms 706, 706-A, 706-D, 706-NA, or Part IV, line 3, show the balance due. 706-QDT), write a letter to the Internal Revenue Service Center listed under Where To File , stating that no return To assist us in processing the return, read the bulleted is required for the estate. Sending this letter should items, check the appropriate box, and enter the extension eliminate the need for any further correspondence with date you are requesting as indicated. the IRS. Please include with your letter a copy of the See Part V. Notice to Applicant, below, for details on Estate's Probate Inventory and Appraisement. appeal rights. Part III. Extension of Time To Pay Note. An extension of time to pay does not extend the (Section 6161) time to file. An extension of time to pay may not exceed 12 months. An extension of time to pay for reasonable cause may be Part IV. Payment To Accompany granted, for 1 year at a time, for up to a maximum of 10 Extension Request years. An extension of time to pay a deficiency for Interest must be paid on any estate and GST taxes that reasonable cause may be granted, for 1 year at a time, up are not paid in full by the original due date of the tax to a maximum of 4 years. Different extension periods may return, regardless of whether an extension of time to file apply to extensions of time granted for a section 6163 and/or pay has been obtained. For this reason, you should election (reversionary or remainder interest) or a section pay as much of the tax as possible by the original (not 6166 election (closely-held business). extended) due date of the return. The application must establish why it is impossible or impractical for the executor to pay the full amount of the Note. A payment submitted with Form 4768 that is estate tax by the estate tax return due date. Examples of designated as a payment of estimated non-deferrable tax reasonable cause provided in Regulations section based on the intention to elect to extend the time for 20.6161-1(a) include the following. payment of estate tax under section 6166 will not be An estate includes sufficient liquid assets to pay the refunded if it exceeds the amount of the non-deferred estate (and GST) tax when otherwise due. The liquid liability when the section 6166 election is made. Payments assets, however, are located in several jurisdictions and in excess of the non-deferred portion of tax as well as are not immediately subject to the control of the executor. excess 6166 installment payment will be applied to the Consequently, such assets cannot readily be collected by remaining tax liability pursuant to sections 6402 and 6403. the executor, even with reasonable effort. Paying the tax. Make the check or money order payable An estate is comprised, in substantial part, of assets to the “United States Treasury.” Write the decedent's (or consisting of rights to receive payments in the future (for qualified heir's) social security number and the type of example, annuities, copyright royalties, contingent fees, or return (for example, “Form 706”) on the payment. accounts receivable). These assets provide insufficient present cash with which to pay the estate (and GST) tax Part V. Notice to Applicant when otherwise due and the estate cannot borrow against If you are applying for an extension of time to pay, file these assets except upon terms that would cause a loss page 2 of Form 4768 in duplicate. The IRS will complete to the estate. Part V and return one copy to the executor. When An estate includes a claim to substantial assets which submitting payment, attach a copy of the approved cannot be collected without litigation. Consequently, the application. The part of the estate tax for which the size of the gross estate is unascertainable at the time the extension is granted must be paid with interest from the tax is otherwise due. estate tax due date before the expiration of the extension An estate does not have sufficient funds (without granted. borrowing at a rate of interest higher than that generally available) with which to pay the entire estate (and GST) tax when otherwise due, to provide a reasonable -3- |
Page 4 of 4 Fileid: Instructions/I4768/201208/C/XML/Cycle02/source 10:47 - 29-Aug-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Application Denied—Appeal Rights material in the administration of any Internal Revenue law. If your application for extension of time to pay is denied, Generally, tax returns and return information are you may file a written appeal with the IRS. To file an confidential, as required by section 6103. appeal, you must: The time needed to complete and file this form will vary Send your appeal to the address shown on the second depending on individual circumstances. The estimated page of Form 4768 that was returned to the executor by average time is: the IRS (providing the reason for the denial), Send your appeal by registered or certified mail, and Recordkeeping 26 min. File your appeal within 10 days after the denial is Learning about the law or the form 22 min. Preparing the form mailed to the executor. 43 min. The appeal is considered filed on the date it is Copying, assembling, and sending the form to postmarked if postmarked timely but received after the IRS 24 min. 10-day period. If the due date falls on a Saturday, Sunday, or legal holiday, file by the next business day. If you have comments concerning the accuracy of these time estimates or suggestions for making this form Paperwork Reduction Act Notice simpler, we would be happy to hear from you. You can You are not required to provide the information requested write to the Internal Revenue Service, Tax Products on a form that is subject to the Paperwork Reduction Act Coordinating Committee, SE:W:CAR:MP:T:MS, 1111 unless the form displays a valid OMB control number. Constitution Ave. NW, IR-6526, Washington, DC 20224. Books or records relating to a form or its instructions must Do not send the tax form to this address. Instead, see be retained as long as their contents may become Where To File, above. -4- |