Userid: CPM Schema: instrx Leadpct: 99% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I8971/201609/A/XML/Cycle07/source (Init. & Date) _______ Page 1 of 4 9:52 - 4-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 Form 8971 Internal Revenue Service and Schedule A (Rev. September 2016) Information Regarding Beneficiaries Acquiring Property From a Decedent (For use with Form 8971 (Rev. January 2016)) Section references are to the Internal Form 8971 isn’t required when: Where To File Revenue Code unless otherwise noted. The gross estate plus adjusted taxable File Form 8971 (including all Schedule(s) gifts is less than the basic exclusion A) at the following address. Future Developments amount; For the latest information about Estate tax-related forms (for example, Department of the Treasury developments related to Form 8971 and Forms 706-QDT, 706-CE, and 706-GS(D), Internal Revenue Service Center its instructions, such as legislation other than those mentioned above are Mail Stop #824G enacted after they were published, go to filed; Cincinnati, OH 45999 www.irs.gov/form8971. The estate tax return is filed solely to make an allocation or election respecting the generation-skipping transfer tax; or A beneficiary can be provided General Instructions The estate tax return is filed solely to Schedule A: elect portability of the deceased spousal In person to an individual beneficiary, to Purpose of Form exclusion amount (DSUE). the trustee(s) of a beneficiary trust, or to the executor(s) of a beneficiary estate; The Surface Transportation and Veterans By email; Health Care Choice Improvement Act of When To File By U.S. mail to the beneficiary’s last 2015 requires executors of an estate and Form 8971 (including all attached known address; or other persons who are required to file Schedule(s) A) must be filed with the IRS By private delivery service to the Form 706, United States Estate (and and only the Schedule A is to be provided beneficiary’s last known address (see Generation-Skipping Transfer) Tax Return to the beneficiary listed on that below). or Form 706-NA, United States Estate Schedule A, no later than the earlier of: (and Generation-Skipping Transfer) Tax The date that is 30 days after the date The executor of the estate (or other Return Estate of nonresident not a citizen on which Form 706 or Form 706-NA is person required to file) must certify on of the United States, to report the final required to be filed (including extensions) Form 8971, Part II, column D, the date on estate tax value of property distributed or with the IRS; or which Schedule A was provided to each to be distributed from the estate, if the The date that is 30 days after the date beneficiary and should keep proof of estate tax return is filed after July 2015. Form 706 or Form 706-NA is filed with the mailing, proof of delivery, Form 8971, along with a copy of every IRS. acknowledgment of receipt, or other Schedule A, is used to report values to the information relevant for the estate’s IRS. One Schedule A is provided to each If the first Form 706 or Form 706-NA is records. In cases where a trust or another beneficiary receiving property from an filed both after the form’s due date estate is a beneficiary and has multiple estate. (including extensions) and after July 2015, trustees or executors, providing the Form 8971 and Schedule(s) A are due Schedule A to one trustee or executor is Provide each beneficiary only with 30 days after the filing date. enough to meet the requirement. ! a copy of that beneficiary’s own Form 8971 is a separate filing Private delivery services. Certain CAUTION Schedule A. Do not provide a copy of the Form 8971 with or without requirement from the estate’s Form 706 or private delivery services designated by the attached Schedule(s) A to any beneficiary. 706-NA, and shouldn't be attached to the IRS may be used to meet the “timely respective estate tax return. Form 8971 mailing as timely filing” rule for tax returns. and attached Schedule(s) A must be filed These private delivery services include Certain property received by a with the IRS, separate from any and all only the following. beneficiary may be subject to a other tax returns filed by the estate. DHL Express 9:00, DHL Express 10:30, consistency requirement, meaning that the DHL Express 12:00, DHL Express beneficiary can’t use a value higher than Note. Notice 2016-27, 2016-15 I.R.B. Worldwide, DHL Express Envelope, DHL the value reported on Schedule A as the 576, available at www.irs.gov/irb/ Import Express 10:30, DHL Import beneficiary’s initial basis in the property. 2016-15_IRB/index.html, made June 30, Express 12:00, and DHL Import Express 2016, the due date for: Worldwide. Who Must File All Forms 8971 (including the attached Federal Express (FedEx): FedEx An executor of an estate or other Schedule(s) A) required to be filed with the Priority Overnight, FedEx Standard person(s) required to file Form 706 or IRS after July 31, 2015, and before June Overnight, FedEx 2Day, FedEx Form 706-NA under sections 6018(a) and 30, 2016; and International Priority, FedEx International 6018(b), if the return is filed after July All Schedules A required to be provided First, FedEx First Overnight, FedEx 2015, and whether or not that form is filed to beneficiaries after July 31, 2015, and International Next Flight Out, and FedEx timely, is required to file Form 8971 with before June 30, 2016. International Economy. attached Schedule(s) A with the IRS and United Parcel Service (UPS): UPS Next to provide each beneficiary listed on the Note. If the due date falls on a Saturday, Day Air, UPS Next Day Air Saver, UPS Form 8971 with that beneficiary’s Sunday, or legal holiday, the executor of 2nd Day Air, UPS 2nd Day Air A.M., UPS Schedule A. See the Instructions for Form an estate or other person(s) may file on Worldwide Express Plus, UPS Worldwide 706 or Form 706-NA, for more information the next business day. Express, and UPS Next Day Air Early AM. on the filing requirement for those forms. Oct 04, 2016 Cat. No. 68440S |
Page 2 of 4 Fileid: … ns/I8971/201609/A/XML/Cycle07/source 9:52 - 4-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For the IRS mailing address to use if Rounding Off to Whole you were in existence, if shorter) ending you are using a private delivery service, go before the calendar year in which the to IRS.gov and enter “private delivery Dollars information returns were due are $5 million service” in the search box. The value of property should be reported or less. The private delivery service can tell you in U.S. dollars and rounded to how to get written proof of the mailing whole-dollar amounts. To round, drop Intentional disregard of filing require date. amounts under 50 cents and increase ments. If any failure to file a correct Form amounts from 50 to 99 cents to the next 8971 or Schedule A is due to intentional dollar. For example, $1.39 becomes $1 disregard of the requirements to file a Supplemental Forms 8971 and $2.55 becomes $3. If you add two or correct Form 8971 and Schedule(s) A, the and Schedules A more amounts to figure an item's value, minimum penalty is at least $530 per Form The value of the property to be reported include the cents when adding the 8971 and the Schedule(s) A required to be on the initial Form 8971 and the attached amounts and round off only the total. filed with it, with no maximum penalty. Schedules A is the fair market value of the Inconsequential error or omission. An asset as reported on the estate tax return. Penalties inconsequential error or omission isn't However, the final value for purposes of Note. An executor may be subject to considered a failure to include correct the federal estate tax may differ from that penalties for failure to file and/or furnish information. An inconsequential error or reported on the estate tax return. A value correct Forms 8971 and Schedule(s) A omission doesn't prevent or hinder the IRS is considered “final” when: even if there was no tax due on the estate from processing the Form 8971 and the The value of the property shown on an tax return. Schedule(s) A required to be filed along estate tax return filed with the IRS isn't with it. Errors and omissions that are contested by the IRS before the period of Failure to file correct Forms 8971 by never inconsequential are those related to assessment expires; the due date (section 6721). If the a TIN, a beneficiary's surname, and the The value of the property is specified by executor of an estate or other person value of the asset the beneficiary is the IRS and isn't timely contested by the required to file Form 8971 fails to file a receiving from the estate. estate (or other person required to file correct Form 8971 and/or Schedule A with under section 6018(b)); or the IRS by the due date and reasonable Note. A TIN is a Social Security Number The value of the property is determined cause isn't shown, a penalty may be (SSN), an Employer Identification Number by a court or pursuant to a settlement imposed. The penalty applies if there is a (EIN), an Individual Taxpayer Identification agreement with the IRS, including the failure to file timely, a failure to include all Number (ITIN), or any other number used resolution of a claim for abatement or information required to be shown on the by the IRS in the administration of tax refund. form or schedule, a failure to include laws. See Part II—Beneficiary Information, correct information on the form or later, for information on obtaining the TIN If information reported on Form 8971 schedule, or a failure to file a correct of a beneficiary of the estate. and the Schedule(s) A filed with the IRS or supplemental Form 8971 and/or provided to a beneficiary differs from the Schedule A by the due date. A complete Failure to furnish correct Schedules A final value (as the result of the resolution Form 8971 includes all Schedule(s) A. to beneficiaries by the due date (sec tion 6722). If the executor of an estate or of a valuation dispute or otherwise), the Only one penalty will apply for all other person required to file Form 8971 executor or other person required to make failures relating to a single filing of a single fails to provide a correct Schedule A to a this filing must file a supplemental Form Form 8971 and the Schedule(s) A beneficiary and doesn't show reasonable 8971 and affected Schedule(s) A with the required to be filed along with it. Each cause, a penalty may be imposed. The IRS and provide an updated supplemental filing of a Form 8971 with Schedule(s) A is penalty applies if there is a failure to Schedule A to each affected beneficiary a separate filing, regardless as to whether provide the Schedule A by the due date, a no later than 30 days after the adjustment. the filing is of the initial Form 8971 and failure to include all information required to See Where To File, earlier. On both the Schedule(s) A or a supplemental Form be shown on the schedule, a failure to supplemental Form 8971 and each 8971 and Schedule(s) A. include correct information on the supplemental Schedule A, the “Supplemental Filing” box should be The amount of the penalty depends on schedule, or a failure to provide a correct checked and only the information that has when the correct Form 8971 with supplemental Schedule A by the due date. changed should be reported. Schedule(s) A is filed. The penalty applies for each Schedule A The penalty is as follows. required to be provided. If the initial Form 8971 and Schedule(s) $50 per Form 8971 (including all The amount of the penalty depends on A identify several beneficiaries who might Schedule(s) A) if it is filed within 30 days when a correct Schedule A is provided. receive the same property, the estate after the due date. The maximum penalty The penalty is as follows. may, but isn’t required to, file a is $532,000 per year (or $186,000 if the $50 per Schedule A if it is provided supplemental Form 8971 and Schedule(s) taxpayer qualifies for lower maximum within 30 days after the due date. The A to specify the actual distribution of that penalties, as described below). maximum penalty is $532,000 per year (or property among the identified $260 per Form 8971 (including all $186,000 if the taxpayer qualifies for lower beneficiaries. Schedule(s) A) if it is filed more than 30 maximum penalties, as described below). If the executor or other person required days after the due date or if it isn't filed. $260 per Schedule A if it is provided to file Form 8971 has been notified that a The maximum penalty is $3,193,000 per more than 30 days after the due date or if Form 706 or Form 706-NA, related to the year ($1,064,000 if the taxpayer qualifies it isn't provided. The maximum penalty is Form 8971 and Schedule(s) A has been for lower maximum penalties, as $3,193,000 per year ($1,064,000 if the selected for examination, a copy of the described below). taxpayer qualifies for lower maximum supplemental Form 8971 with attached All penalty amounts shown are subject penalties, as described below). supplemental Schedule(s) A should be to adjustment for inflation. All penalty amounts shown are subject provided to the office conducting the Lower maximum penalties. You qualify to adjustment for inflation. examination. for lower maximum penalties if your Lower maximum penalties. You qualify average annual gross receipts for the 3 for lower maximum penalties if your most recent tax years (or for the period average annual gross receipts for the 3 2 Instructions for Form 8971 and Schedule A |
Page 3 of 4 Fileid: … ns/I8971/201609/A/XML/Cycle07/source 9:52 - 4-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. most recent tax years (or for the period schedule filed with the IRS without entries Note. Some foreign beneficiaries may not you were in existence, if shorter) ending in each field won't be processed. A form be required to provide a TIN to the estate. before the calendar year in which the with an answer of “unknown” won't be If the foreign beneficiary isn’t required to information returns were due are $5 million considered a complete return. provide a TIN, enter “Not Required” in the or less. TIN entry space. Intentional disregard of filing require Part I — Decedent and Column D. For each beneficiary, enter ments. If any failure to provide a correct Executor Information the date on which the executor gave Schedule A is due to intentional disregard Schedule A to the beneficiary. See Where of the requirements to provide correct Line 3. Enter the SSN of the decedent. If To File, earlier. Schedules A, the penalty is at least $530 the decedent didn't have an SSN, the per Schedule A with no maximum penalty. executor (or other person required to file Return preparer. Permission to discuss Form 706) should obtain one for the the Form 8971 is limited to the information Inconsequential error or omission. An decedent by filing Form SS-5, Application reported on (or required to be reported on) inconsequential error or omission isn't for a Social Security Card. You can get the Form 8971 and attached Schedule(s) considered a failure to include correct Form SS-5 online at A and doesn't authorize the return information. An inconsequential error or www.socialsecurity.gov or by calling the preparer to represent the estate before the omission can’t reasonably be expected to SSA at 1-800-772-1213. IRS or to enter into any agreements with prevent or hinder the beneficiary from the IRS regarding the Form 8971 and timely receiving correct information and Line 4. If there is more than one executor, attached Schedule(s) A. using the information to report basis on the enter the name of one executor and see beneficiary’s own return. Errors and the instructions for line 8. Complete and attach Form 2848, Power of Attorney and Declaration of omissions that are never inconsequential Line 6. Provide only the TIN of the Representative, if the executor would like are those related to (a) the value of the executor listed on line 4 and see the the return preparer to represent the estate asset the beneficiary is receiving from the instructions for line 8. before the IRS with respect to the Form estate, and (b) a significant item in a 8971 and Schedule(s) A or any other beneficiary's address. Line 7. Provide only the address of the executor listed on line 4. Use Form 8822, matter related to the estate. Completing Reasonable cause exception to the Change of Address, to report a change of Form 2848 may authorize the person penalties for failing to file Forms 8971 the executor’s address. Also, see the designated on that form to sign and Schedules A and for failing to pro instructions for line 8. agreements, consents, waivers, or other vide Schedules A to beneficiaries. The documents. penalties for failing to file correct Form Line 8. Check the box and attach a 8971 and Schedules A with the IRS and statement with the name, address, Note. When completing Form 2848, for failing to provide correct Schedules A telephone number, and TIN of each remember the executor, not the estate, is to beneficiaries won't apply to any failure executor (if any) other than the one named the “taxpayer” to be listed in line 1, and the that is shown to be due to reasonable on line 4. TIN listed should also be the executor's cause and not to willful neglect. In general, Line 9. If the executor made an election TIN. Also, when filling out line 3, enter it must be shown that the failure was due on the estate tax return to use alternate “Civil Penalties” in the Description of the to an event beyond the taxpayer’s control valuation under section 2032, provide the Matter column, “Form 8971/Schedule A” in or due to significant mitigating factors. It alternate valuation date. the Tax Form Number column, and the must also be shown that the executor or decedent's date of death using the four-digit year and two-digit month as other person required to file acted in a Part II — Beneficiary “YYYYMM” in the Year(s) or Period(s) responsible manner and took steps to avoid the failure. Information column. A beneficiary is an individual, trust, or Anyone who is paid to prepare the Penalties for Inconsistent other estate who has acquired (or is Form 8971 and/or any Schedule A must expected to acquire) property from the sign the form as a paid preparer and give Filing estate. If the executor is also a beneficiary a copy of the completed Form 8971 and/or Beneficiaries who report basis in property who has acquired (or is expected to Schedule(s) A to the executor required to that is inconsistent with the amount on the acquire) property from the estate, the file Form 706 or Form 706-NA. Schedule A may be liable for a 20% executor is a beneficiary for purposes of accuracy-related penalty under section the Form 8971 and Schedule A. Note. A paid preparer may sign original or 6662. amended returns by rubber stamp, Column A. Enter the name of each individual, trust, or other estate that mechanical device, or computer software Obtaining Forms and acquired (or is expected to acquire) program. Publications To File or Use property from the estate. Retain a copy of You can access the IRS website 24 hours the Form 8971 (including all attached Signature and Verification a day, 7 days a week, at IRS.gov to: Schedule(s) A) for the estate’s records. All executors shown on Form 8971 and listed on any attached statement are Download forms, instructions, and Column B. Enter the TIN of each responsible for the reporting requirements publications; beneficiary listed. If the executor of the related to Form 8971 and Schedule(s) A. Order IRS products; estate solicited a beneficiary's TIN in However, it is enough for only one of the Research tax questions; writing and hasn’t received it, enter executors to sign Form 8971. Search publications by topic or “requested” and attach a copy of the keyword; and solicitation to Form 8971 to avoid inquiries Form 8971 is signed under penalties of Sign up to receive local and national tax from the IRS. A supplemental Form 8971 perjury and all executors are responsible news by email. and corresponding Schedule A must be for the information included on Form 8971 filed with the IRS once the TIN has been and Schedule(s) A as filed with the IRS Specific Instructions obtained. and Schedules A provided to Complete Form 8971 and each attached beneficiaries. All executors are also liable Schedule A in its entirety. A form or for all applicable penalties. Instructions for Form 8971 and Schedule A 3 |
Page 4 of 4 Fileid: … ns/I8971/201609/A/XML/Cycle07/source 9:52 - 4-Oct-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Schedule A — Information description of each item that has been acquired (or is expected to be acquired) Privacy Act and Paperwork Reduction Regarding Beneficiaries by a beneficiary. The listing should consist Act Notice. We ask for the information on Acquiring Property From a of a related property (for example, stocks this form to carry out the Internal Revenue held in a single brokerage account) and laws of the United States. You are Decedent required to give us the information. We only include information relevant to basis Executors of estates filing Form 8971 are reporting such as name/description of the need it to ensure that you are complying required to complete a Schedule A for property, value, and valuation date. Do not with these laws and to allow us to figure each beneficiary that acquired (or is attach property appraisals to Schedule A. and collect the right amount of tax. expected to acquire) property from the Sections 6035 and 6109, and the estate. You will need a copy of the Form For more information on details to be regulations require you to provide this 706 or Form 706-NA filed by the estate of included by asset type or schedule, see information. the decedent to complete this schedule. the Instructions for Form 706 or Form All property acquired (or expected to be 706-NA. You aren’t required to provide the acquired) by a beneficiary must be listed Column C. An entry (Y or N) is required information requested on a form that is on that beneficiary’s Schedule A. If the in this column for each asset. Indicate “Y” subject to the Paperwork Reduction Act executor hasn't determined which only if estate tax was generated and the unless the form displays a valid OMB beneficiary is to receive an item of asset contributed to the estate tax (for control number. Books or records relating property as of the due date of the Form example, the asset wasn't subject to a to a form or its instructions must be 8971 and Schedule(s) A, the executor marital or charitable deduction). retained as long as their contents may must list all items of property that could be become material in the administration of Generally, any property that qualifies used, in whole or in part, to fund the any Internal Revenue law. Generally, tax for a marital deduction under section 2056 beneficiary’s distribution on that returns and return information are or 2056A or a charitable deduction under beneficiary’s Schedule A. (This means confidential, as required by section 6103. section 2055 won't generate estate tax that the same property may be reflected However, section 6103 allows or requires and “N” should be indicated. on more than one Schedule A.) A the Internal Revenue Service to disclose supplemental Form 8971 and Column D. Generally, the valuation date information from this form in certain corresponding Schedule(s) A may, but of property will be the decedent’s date of circumstances. For example, we may aren’t required to, be filed once the death. If the estate elected to use an disclose information to the Department of distribution to each such beneficiary has alternate valuation date, list the value of Justice for civil or criminal litigation, and to been made. the property on the alternate valuation cities, states, the District of Columbia, and date. See section 2032 for additional U.S. commonwealths or possessions for Note. A cash bequest acquired (or guidance. use in administering their tax laws. We expected to be acquired) by a beneficiary may also disclose this information to other isn’t considered reportable property for Column E. List the value reported on countries under a tax treaty, to federal and purposes of Form 8971/Schedule A. Form 706 or Form 706-NA. The value state agencies to enforce federal non-tax reported in column E should be the fair criminal laws, or to federal law Use and duplicate page A-2 market value as of the decedent's date of enforcement and intelligence agencies to (Schedule A—Continuation Sheet) if death or any alternate valuation date used combat terrorism. Failure to provide this additional space is needed to list the for the estate tax return. This value information, or providing false information, property acquired (or expected to be shouldn’t reflect any post-death may subject you to penalties. acquired) by a beneficiary. Attach a copy adjustment in value. The full fair market of each completed Schedule A to Form value of the property acquired (or The time needed to complete and file 8971 and submit to the IRS. Provide a expected to be acquired) by the this form and related schedules will vary copy of each Schedule A only to the beneficiary is to be reported in column E. depending on individual circumstances. beneficiary named on that Schedule A. Do This value shouldn’t factor in mortgages, The estimated average time is: not provide a copy of the Form 8971 to a non-recourse indebtedness, or other beneficiary. See the instructions under decreases in equity. Recordkeeping . . . . . . . . 3 hr., 49 min. Where To File, earlier. For partial interests of property, Learning about the law or the Column A. Number the items received by (including life estates and usufructs) the form . . . . . . . . . . . . . . . 42 min. the beneficiary. Continue this numbering value reported should reflect the Preparing, copying, on page A-2 of the proportional value of the partial interest for assembling, and sending the Schedule A—Continuation Sheet (if each beneficiary. For example, an estate form to the IRS . . . . . . . . 47 min. necessary). has property valued on the Form 706 at $400,000. The property is being Column B. Use the same description in distributed to Beneficiary 1, receiving a column B that the executor used for the 75% interest in the property, and If you have comments concerning the property on the Form 706 or Form Beneficiary 2, receiving a 25% interest in accuracy of these time estimates or 706-NA. Include in column B the schedule the property. Schedule A, Part II, column E suggestions for making this form simpler, and item number where the property was should reflect $300,000 on the Schedule A we would be happy to hear from you. You reported on Form 706 or Form 706-NA, as for Beneficiary 1 and $100,000 on the can send us comments from www.irs.gov/ applicable. Schedule A for Beneficiary 2. If the value formspubs/. Click on “More Information” If the beneficiary acquired (or is reported on a Schedule A that has already and then on “Give us feedback.” You can expected to acquire) a joint interest, been filed with the IRS or provided to a also send your comments to the Internal fractional interest, or any other interest in beneficiary changes (as a result of the Revenue Service, Tax Forms and property which is less than 100% of the resolution of a valuation issue or Publications Division, 1111 Constitution interest reported on the estate tax return, otherwise), you must file a supplemental Ave. NW, IR-6526, Washington, DC indicate the interest in the property the Form 8971 and associated Schedule(s) A 20224. Do not send the tax form to this beneficiary will acquire. with the IRS and provide an updated address. Instead, see Where To File, Listings of bulk assets may be attached Schedule A to each affected beneficiary earlier. to Schedule A in lieu of a detailed no later than 30 days after the adjustment. 4 Instructions for Form 8971 and Schedule A |