Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I8971/201601/A/XML/Cycle03/source (Init. & Date) _______ Page 1 of 4 10:41 - 28-Jan-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 (January 2016) Information Regarding Beneficiaries Acquiring Property From a Decedent Section references are to the Internal The filing requirement for Form 8971 Where To File Revenue Code unless otherwise noted. does not apply to an executor of an estate File Form 8971 (including all Schedule(s) that is not required to file an estate tax A) at the following address. Future Developments return because the gross estate plus For the latest information about adjusted taxable gifts is less than the Department of the Treasury developments related to Form 8971 and basic exclusion amount, but who does so Internal Revenue Service Center its instructions, such as legislation for the sole purpose of making an Mail Stop #824G enacted after they were published, go to allocation or election respecting the Cincinnati, OH 45999 www.irs.gov/form8971. generation-skipping transfer tax. See the Instructions for Form 706, Form 706-NA, or Form 706-A for more information on the A beneficiary can be provided General Instructions filing requirement for those forms. Schedule A: In person to an individual beneficiary, to the trustee(s) of a beneficiary trust, or to Purpose of Form When To File the executor(s) of a beneficiary estate; The Surface Transportation and Veterans Form 8971 (including all attached By email; Health Care Choice Improvement Act of Schedule(s) A) must be filed with the IRS By U.S. mail to the beneficiary’s last 2015 requires executors of an estate and and only the Schedule A is to be provided known address; or other persons who are required to file to the beneficiary listed on that By private delivery service to the Form 706, United States Estate (and Schedule A, no later than the earlier of: beneficiary’s last known address (see Generation-Skipping Transfer) Tax The date that is 30 days after the date below). Return; Form 706-NA, United States on which Form 706, Form 706-NA, or Estate (and Generation-Skipping Transfer) Form 706-A is required to be filed The executor of the estate (or other Tax Return Estate of nonresident not a (including extensions) with the IRS; or person required to file) must certify on citizen of the United States; or Form The date that is 30 days after the date Form 8971, Part II, Column D, the date on 706-A, United States Additional Estate Form 706, Form 706-NA, or Form 706-A is which Schedule A was provided to each Tax Return; to report the final estate tax filed with the IRS. beneficiary and should keep proof of value of property distributed or to be mailing, proof of delivery, distributed from the estate, if the estate tax If the first Form 706, Form 706-NA, or acknowledgment of receipt, or other return is filed after July 2015. Form 8971, Form 706-A is filed both after the form’s information relevant for the estate’s along with a copy of every Schedule A, is due date (including extensions) and after records. In cases where a trust or another used to report values to the IRS. One July 2015, the Form 8971 and estate is a beneficiary and has multiple Schedule A is provided to each Schedule(s) A are due 30 days after the trustees or executors, providing beneficiary receiving property from an filing date. Schedule A to one trustee or executor is estate. Form 8971 is a separate filing enough to meet the requirement. Provide each beneficiary only requirement from the estate’s Form 706, Private delivery services. Certain 706-NA, or 706-A, and should not be private delivery services designated by the CAUTION own Schedule A. Do not provide ! with a copy of that beneficiary’s attached to the respective estate tax IRS may be used to meet the “timely a copy of the Form 8971 with or without return. The 8971 and attached mailing as timely filing” rule for tax returns. attached Schedule(s) A to any beneficiary. Schedule(s) A must be filed with the IRS, These private delivery services include separate from any and all other tax returns only the following. Certain property received by a filed by the estate. Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard beneficiary may be subject to a Note. Notice 2015-57, 2015-36 I.R.B. Overnight, FedEx 2Day, FedEx consistency requirement, meaning that the 294, available at www.irs.gov/irb/ International Priority, FedEx International beneficiary cannot use a value higher than 2015-36_IRB/ar12.html, made February First, FedEx First Overnight, FedEx the value reported on Schedule A as the 29, 2016, the due date for: International Next Flight Out, and FedEx beneficiary’s initial basis in the property. All Forms 8971 (including the attached International Economy. Schedule(s) A) required to be filed with the United Parcel Service (UPS): UPS Next Who Must File IRS after July 31, 2015, and before Day Air, UPS Next Day Air Saver, UPS An executor of an estate or other February 29, 2016; and 2nd Day Air, UPS 2nd Day Air A.M., UPS person(s) required to file Form 706 or All Schedules A required to be Worldwide Express Plus, UPS Worldwide Form 706-NA under sections 6018(a) and provided to beneficiaries after July 31, Express, and UPS Next Day Air Early AM. 6018(b) or a qualified heir required to file 2015, and before February 29, 2016. Form 706-A under section 2032A, if the The private delivery service can tell you return is filed after July 2015, and whether how to get written proof of the mailing or not that form is filed timely, is required date. to file Form 8971 with attached Schedule(s) A with the IRS and to provide each beneficiary listed on the Form 8971 with that beneficiary’s Schedule A. Jan 28, 2016 Cat. No. 68440S |
Page 2 of 4 Fileid: … ns/I8971/201601/A/XML/Cycle03/source 10:41 - 28-Jan-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Supplemental Forms 8971 executor of an estate or other person a TIN, a beneficiary's surname, and the required to file Form 8971 fails to file a value of the asset the beneficiary is and Schedules A correct Form 8971 and/or Schedule A with receiving from the estate. The value of the property to be reported the IRS by the due date and reasonable on the initial Form 8971 and the attached cause is not shown, a penalty may be Note. A TIN is a Social Security Number Schedules A is the fair market value of the imposed. The penalty applies if there is a (SSN), an Employer Identification Number asset as reported on the estate tax return. failure to file timely, a failure to include all (EIN), an Individual Taxpayer Identification However, the final value for purposes of information required to be shown on the Number (ITIN), or any other number used the federal estate tax may differ from that form or schedule, a failure to include by the IRS in the administration of tax reported on the estate tax return. A value correct information on the form or laws. is considered “final” when: schedule, or a failure to file a correct Failure to furnish correct Schedules A The value of the property shown on an supplemental Form 8971 and/or to beneficiaries by the due date (sec estate tax return filed with the IRS is not Schedule A by the due date. A complete tion 6722). If the executor of an estate or contested by the IRS before the period of Form 8971 includes all Schedule(s) A. other person required to file Form 8971 assessment expires; Only one penalty will apply for all fails to provide a correct Schedule A to a The value of the property is specified by failures relating to a single filing of a single beneficiary and does not show reasonable the IRS and is not timely contested by the Form 8971 and the Schedule(s) A cause, a penalty may be imposed. The estate (or other person required to file required to be filed along with it. Each penalty applies if there is a failure to under section 6018(b)); or filing of a Form 8971 with Schedule(s) A is provide the Schedule A by the due date, a The value of the property is determined a separate filing, regardless as to whether failure to include all information required to by a court or pursuant to a settlement the filing is of the initial Form 8971 and be shown on the schedule, a failure to agreement with the IRS, including the Schedule(s) A or a supplemental Form include correct information on the resolution of a claim for abatement or 8971 and Schedule(s) A. schedule, or a failure to provide a correct refund. supplemental Schedule A by the due date. The amount of the penalty depends on If information reported on Form 8971 when the correct Form 8971 with The penalty applies for each Schedule A and the Schedule(s) A filed with the IRS or Schedule(s) A is filed. required to be provided. provided to a beneficiary differs from the The penalty is as follows. The amount of the penalty depends on final value (as the result of the resolution $50 per Form 8971 (including all when a correct Schedule A is provided. of a valuation dispute or otherwise), the Schedule(s) A) if it is filed within 30 days The penalty is as follows. executor or other person required to make after the due date. The maximum penalty $50 per Schedule A if it is provided this filing must file a supplemental Form is $532,000 per year (or $186,000 if the within 30 days after the due date. The 8971 and affected Schedule(s) A with the taxpayer qualifies for lower maximum maximum penalty is $532,000 per year (or IRS and provide an updated supplemental penalties, as described below). $186,000 if the taxpayer qualifies for lower Schedule A to each affected beneficiary $260 per Form 8971 (including all maximum penalties, as described below). no later than 30 days after the adjustment. Schedule(s) A) if it is filed more than 30 $260 per Schedule A if it is provided See Where To File, earlier. On both the days after the due date or if it is not filed. more than 30 days after the due date or if supplemental Form 8971 and each The maximum penalty is $3,193,000 per it is not provided. The maximum penalty is supplemental Schedule A, the year ($1,064,000 if the taxpayer qualifies $3,193,000 per year ($1,064,000 if the “Supplemental Filing” box should be for lower maximum penalties, as taxpayer qualifies for lower maximum checked and only the information that has described below). penalties, as described below). changed should be reported. All penalty amounts shown are subject All penalty amounts shown are subject If the executor or other person required to adjustment for inflation. to adjustment for inflation. to file Form 8971 has been notified that a Lower maximum penalties. You qualify Lower maximum penalties. You qualify Form 706, Form 706-NA, or Form 706-A for lower maximum penalties if your for lower maximum penalties if your related to the Form 8971 and Schedule(s) average annual gross receipts for the 3 average annual gross receipts for the 3 A has been selected for examination, a most recent tax years (or for the period most recent tax years (or for the period copy of the supplemental Form 8971 with you were in existence, if shorter) ending you were in existence, if shorter) ending attached supplemental Schedule(s) A before the calendar year in which the before the calendar year in which the should be provided to the office information returns were due are $5 million information returns were due are $5 million conducting the examination. or less. or less. Intentional disregard of filing require Intentional disregard of filing require Rounding Off to Whole ments. If any failure to file a correct Form ments. If any failure to provide a correct Dollars 8971 or Schedule A is due to intentional Schedule A is due to intentional disregard The value of property should be reported disregard of the requirements to file a of the requirements to provide correct in U.S. dollars and rounded to correct Form 8971 and Schedule(s) A, the Schedules A, the penalty is at least $530 whole-dollar amounts. To round, drop minimum penalty is at least $530 per Form per Schedule A with no maximum penalty. amounts under 50 cents and increase 8971 and the Schedule(s) A required to be amounts from 50 to 99 cents to the next filed with it, with no maximum penalty. Inconsequential error or omission. An inconsequential error or omission is not dollar. For example, $1.39 becomes $1 Inconsequential error or omission. An considered a failure to include correct and $2.55 becomes $3. If you add two or inconsequential error or omission is not information. An inconsequential error or more amounts to figure an item's value, considered a failure to include correct omission cannot reasonably be expected include the cents when adding the information. An inconsequential error or to prevent or hinder the beneficiary from amounts and round off only the total. omission does not prevent or hinder the timely receiving correct information and IRS from processing the Form 8971 and using the information to report basis on the Penalties the Schedule(s) A required to be filed beneficiary’s own return. Errors and Failure to file correct Forms 8971 by along with it. Errors and omissions that are omissions that are never inconsequential the due date (section 6721). If the never inconsequential are those related to are those related to (a) the value of the 2 |
Page 3 of 4 Fileid: … ns/I8971/201601/A/XML/Cycle03/source 10:41 - 28-Jan-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. asset the beneficiary is receiving from the Line 6. Provide only the TIN of the sign the form as a paid preparer and give estate, and (b) a significant item in a executor listed on line 4 and see the a copy of the completed Form 8971 and/or beneficiary's address. instructions for line 8. Schedule(s) A to the executor required to file Form 706, Form 706-NA, or Form Reasonable cause exception to the Line 7. Provide only the address of the 706-A. penalties for failing to file Forms 8971 executor listed on line 4. Use Form 8822, and Schedules A and for failing to pro Change of Address, to report a change of Note. A paid preparer may sign original or vide Schedules A to beneficiaries. The the executor’s address. Also, see the amended returns by rubber stamp, penalties for failing to file correct Form instructions for line 8. mechanical device, or computer software 8971 and Schedules A with the IRS and program. for failing to provide correct Schedules A Line 8. On an attached statement, to beneficiaries will not apply to any failure provide the name, address, telephone that is shown to be due to reasonable number, and TIN of each executor (if any) Signature and Verification cause and not to willful neglect. In general, other than the one named on line 4. All executors shown on Form 8971 and listed on any attached statement are it must be shown that the failure was due Line 9. If the executor made an election responsible for the reporting requirements to an event beyond the taxpayer’s control on the estate tax return to use alternate related to Form 8971 and Schedule(s) A. or due to significant mitigating factors. It valuation under section 2032, provide the However, it is enough for only one of the must also be shown that the executor or alternate valuation date. executors to sign Form 8971. other person required to file acted in a responsible manner and took steps to Form 8971 is signed under penalties of avoid the failure. Part II — Beneficiary perjury and all executors are responsible Information for the information included on Form 8971 Penalties for Inconsistent A beneficiary is an individual, trust, or and Schedule(s) A as filed with the IRS other estate who has acquired (or is and Schedules A provided to Filing expected to acquire) property from the beneficiaries. All executors are also liable Beneficiaries who report basis in property estate. If the executor is also a beneficiary for all applicable penalties. that is inconsistent with the amount on the who has acquired (or is expected to Schedule A may be liable for a 20% acquire) property from the estate, the accuracy-related penalty under section executor is a beneficiary for purposes of Schedule A — Information 6662. the Form 8971 and Schedule A. Regarding Beneficiaries Column A. Enter the name of each Acquiring Property From a Obtaining Forms and individual, trust, or other estate that Decedent Publications To File or Use acquired (or is expected to acquire) Executors of estates filing Form 8971 are You can access the IRS website 24 hours property from the estate. Retain a copy of required to complete a Schedule A for a day, 7 days a week, at IRS.gov to: the Form 8971 (including all attached each beneficiary that acquired (or is Download forms, instructions, and Schedule(s) A) for the estate’s records. expected to acquire) property from the publications; Column B. Enter the TIN of each estate. You will need a copy of the Form Order IRS products; beneficiary listed. Entering “none,” 706, Form 706-NA, or Form 706-A filed by Research tax questions; “unknown,” or similar language, or the estate of the decedent to complete this Search publications by topic or otherwise failing to enter a TIN, will cause schedule. All property acquired (or keyword; and the form to be considered incomplete and expected to be acquired) by a beneficiary Sign up to receive local and national tax may subject the estate to penalties. must be listed on that beneficiary’s news by email. Schedule A. If the executor has not Column D. For each beneficiary, enter determined which beneficiary is to receive the date on which the executor gave Specific Instructions an item of property as of the due date of Schedule A to the beneficiary. See Where the Form 8971 and Schedule(s) A, the Complete Form 8971 and each attached To File, earlier. executor must list all items of property that Schedule A in its entirety. A form or schedule filed with the IRS without entries Return preparer. Permission to discuss could be used, in whole or in part, to fund in each field will not be processed. A form the Form 8971 is limited to the information the beneficiary’s distribution on that with an answer of “unknown” will not be reported on (or required to be reported on) beneficiary’s Schedule A. (This means considered a complete return. the Form 8971 and attached Schedule(s) that the same property may be reflected A and does not authorize the return on more than one Schedule A.) A Part I — Decedent and preparer to represent the estate before the supplemental Form 8971 and IRS or to enter into any agreements with corresponding Schedule(s) A should be Executor Information the IRS respecting the Form 8971 and filed once the distribution to each such Line 3. Enter the SSN of the decedent. If attached Schedule(s) A. beneficiary has been made. the decedent did not have an SSN, the Complete and attach Form 2848, Use and duplicate page A-2 executor (or other person required to file Power of Attorney and Declaration of (Schedule A—Continuation Sheet) if Form 706) should obtain one for the Representative, if the executor would like additional space is needed to list the decedent by filing Form SS-5, Application the return preparer to represent the estate property acquired (or expected to be for a Social Security Card. You can get before the IRS with respect to the Form acquired) by a beneficiary. Attach a copy Form SS-5 online at 8971 and Schedule(s) A or any other of each completed Schedule A to Form www.socialsecurity.gov or by calling the matter related to the estate. Completing 8971 and submit to the IRS. Provide a SSA at 1-800-772-1213. Form 2848 may authorize the person copy of each Schedule A only to the Line 4. If there is more than one executor, designated on that form to sign beneficiary named on that Schedule A. Do enter the name of one executor and see agreements, consents, waivers, or other not provide a copy of the Form 8971 to a the instructions for line 8. documents. beneficiary. See the instructions under Anyone who is paid to prepare the Where To File, earlier. Form 8971 and/or any Schedule A must 3 |
Page 4 of 4 Fileid: … ns/I8971/201601/A/XML/Cycle03/source 10:41 - 28-Jan-2016 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Column A. Number the items received by the value reported on a Schedule A that may also disclose this information to other the beneficiary. Continue this numbering has already been filed with the IRS or countries under a tax treaty, to federal and on page A-2 of the provided to a beneficiary changes (as a state agencies to enforce federal non-tax Schedule A—Continuation Sheet (if result of the resolution of a valuation issue criminal laws, or to federal law necessary). or otherwise), you must file a enforcement and intelligence agencies to supplemental Form 8971 and associated combat terrorism. Failure to provide this Column B. Use the same description in Schedule(s) A with the IRS and provide an information, or providing false information, column B that the executor used for the updated Schedule A to each affected may subject you to penalties. property on the Form 706, Form 706-NA, beneficiary no later than 30 days after the or Form 706-A. Include in column B the adjustment. The time needed to complete and file schedule and item number where the this form and related schedules will vary property was reported on Form 706, Form Privacy Act and Paperwork Reduction depending on individual circumstances. 706-NA, or Form 706-A, as applicable. Act Notice. We ask for the information on The estimated average time is: For more information on details to be this form to carry out the Internal Revenue included by asset type or schedule, see laws of the United States. You are Recordkeeping . . . . . . . . 3hr., 49 min. the Instructions for Form 706, Form required to give us the information. We Learning about the law or the 706-NA, or Form 706-A. If the beneficiary need it to ensure that you are complying form . . . . . . . . . . . . . . . 42 min. acquired (or is expected to acquire) a joint with these laws and to allow us to figure Preparing, copying, interest, a fractional interest, or any other and collect the right amount of tax. assembling, and sending the interest in property which is less than Sections 6035 and 6109, and the form to the IRS . . . . . . . . 47 min. 100%, indicate the interest in the property regulations require you to provide this the beneficiary will acquire. information. If you have comments concerning the Column C. An entry (Y or N) is required You are not required to provide the accuracy of these time estimates or in this column for each asset. Indicate “Y” information requested on a form that is suggestions for making this form simpler, if the property contributed to the amount of subject to the Paperwork Reduction Act we would be happy to hear from you. You the federal estate tax payable by the unless the form displays a valid OMB can send us comments from www.irs.gov/ estate. control number. Books or records relating formspubs/. Click on “More Information” Generally, any property that qualifies to a form or its instructions must be and then on “Give us feedback.” You can for a marital deduction under section 2056 retained as long as their contents may also send your comments to the Internal or 2056A or a charitable deduction under become material in the administration of Revenue Service, Tax Forms and section 2055 will not generate estate tax any Internal Revenue law. Generally, tax Publications Division, 1111 Constitution and “N” should be indicated. returns and return information are Ave. NW, IR-6526, Washington, DC confidential, as required by section 6103. Column D. Generally, the valuation date 20224. Do not send the tax form to this However, section 6103 allows or requires of property will be the decedent’s date of address. Instead, see Where To File, the Internal Revenue Service to disclose earlier. death. If the estate elected to use an information from this form in certain alternate valuation date, list the value of circumstances. For example, we may the property on the alternate valuation disclose information to the Department of date. See section 2032 for additional Justice for civil or criminal litigation, and to guidance. cities, states, the District of Columbia, and Column E. List the value reported on U.S. commonwealths or possessions for Form 706, Form 706-NA, or Form 706-A. If use in administering their tax laws. We 4 |