| Instructions for Form 706 |
2003 Tax Year |
Specific Instructions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
- You must file the first three pages of Form 706 and all required schedules.
- File Schedules A through I, as appropriate, to support the entries in items 1 through 9 of the Recapitulation.
| IF . . . |
THEN . . . |
| you enter zero on any item of the Recapitulation, |
you need not file the schedule (except for Schedule F) referred to on that item. |
| you claim an exclusion on item 11, |
complete and attach Schedule U. |
| you claim any deductions on items 13 through 23 of the Recapitulation, |
complete and attach the appropriate schedules to support the claimed deductions. |
| you claim the credits for foreign death taxes or tax on prior transfers, |
complete and attach Schedule P or Q. |
| there is not enough space on a schedule to list all the items, |
attach a Continuation Schedule (or additional sheets of the same size) to the back of the schedule;
|
| |
(see the Form 706 package for the Continuation Schedule);
|
| |
photocopy the blank schedule before completing it, if you will need more than one
copy.
|
- Form 706 has 44 numbered pages. The pages are perforated so that you can remove them for copying and filing.
- When you complete the return, staple all the required pages together in the proper order.
- Number the items you list on each schedule, beginning with the number 1 each time.
- Total the items listed on the schedule and its attachments, Continuation Schedules, etc.
- Enter the total of all attachments, Continuation Schedules, etc., at the bottom of the printed schedule, but do not carry
the totals forward
from one schedule to the next.
- Enter the total, or totals, for each schedule on the Recapitulation, page 3, Form 706.
- Do not complete the “Alternate valuation date” or “Alternate value” columns of any schedule unless you elected
alternate valuation on line 1 of Part 3, Elections by the Executor.
Instructions for Part 1. Decedent and Executor (Page 1 of Form 706)
Enter the social security number assigned specifically to the decedent. You cannot use the social security number assigned
to the decedent's
spouse. If the decedent did not have a social security number, the executor should obtain one for the decedent by filing Form SS-5,
Application for Social Security Card, with a local Social Security Administration office.
If there is more than one executor, enter the name of the executor to be contacted by the IRS. List the other executors' names,
addresses, and SSNs
(if applicable) on an attached sheet.
Line 6b—Executor's Address
Use Form 8822, Change of Address, to report a change of the executor's address.
Line 6c—Executor's Social Security Number
Only individual executors should complete this line. If there is more than one individual executor, all should list their
social security numbers
on an attached sheet.
Instructions for Part 2. Tax Computation (Page 1 of Form 706)
In general, the estate tax is figured by applying the unified rates shown in Table A on page 4 to the total of transfers both during
life and at death, and then subtracting the gift taxes. You must complete the Tax Computation.
Table A—Unified Rate Schedule
| Column A |
Column B |
Column C |
Column D |
| Taxable amount over |
Taxable amount not over |
Tax on amount in column A |
Rate of tax on excess over amount in column A |
| |
|
|
(Percent) |
| 0 |
$10,000 |
0 |
18 |
| $10,000 |
20,000 |
$1,800 |
20 |
| 20,000 |
40,000 |
3,800 |
22 |
| 40,000 |
60,000 |
8,200 |
24 |
| 60,000 |
80,000 |
13,000 |
26 |
| 80,000 |
100,000 |
18,200 |
28 |
| 100,000 |
150,000 |
23,800 |
30 |
| 150,000 |
250,000 |
38,800 |
32 |
| 250,000 |
500,000 |
70,800 |
34 |
| 500,000 |
750,000 |
155,800 |
37 |
| 750,000 |
1,000,000 |
248,300 |
39 |
| 1,000,000 |
1,250,000 |
345,800 |
41 |
| 1,250,000 |
1,500,000 |
448,300 |
43 |
| 1,500,000 |
2,000,000 |
555,800 |
45 |
| 2,000,000 |
- - - - - - - - |
780,800 |
49 |
| Table B Worksheet—Federal Adjusted Taxable Estate
Federal taxable estate (Form 706, line 3 of Part 2)- - - - - - - - less $60,000= - - - - - - - - (Federal adjusted taxable
estate—for column (1) below)
|
| Table B—Computation of Maximum Credit for State Death
Taxes |
| (1)
Adjusted taxable estate equal to or more than—
|
(2)
Adjusted taxable estate less than—
|
(3)
Credit on amount in column (1) |
(4)
Rate of credit on excess over amount in column (1) |
(1)
Adjusted taxable estate equal to or more than—
|
(2)
Adjusted taxable estate less than
|
(3)
Credit on amount in column (1) |
(4)
Rate of credit on excess over amount in column (1) |
| |
|
|
(Percent) |
|
|
|
(Percent) |
| 0 |
$40,000 |
0 |
None |
2,040,000 |
2,540,000 |
106,800 |
8.0 |
| $40,000 |
90,000 |
0 |
0.8 |
2,540,000 |
3,040,000 |
146,800 |
8.8 |
| 90,000 |
140,000 |
$400 |
1.6 |
3,040,000 |
3,540,000 |
190,800 |
9.6 |
| 140,000 |
240,000 |
1,200 |
2.4 |
3,540,000 |
4,040,000 |
238,800 |
10.4 |
| 240,000 |
440,000 |
3,600 |
3.2 |
4,040,000 |
5,040,000 |
290,800 |
11.2 |
| 440,000 |
640,000 |
10,000 |
4.0 |
5,040,000 |
6,040,000 |
402,800 |
12.0 |
| 640,000 |
840,000 |
18,000 |
4.8 |
6,040,000 |
7,040,000 |
522,800 |
12.8 |
| 840,000 |
1,040,000 |
27,600 |
5.6 |
7,040,000 |
8,040,000 |
650,800 |
13.6 |
| 1,040,000 |
1,540,000 |
38,800 |
6.4 |
8,040,000 |
9,040,000 |
786,800 |
14.4 |
| 1,540,000 |
2,040,000 |
70,800 |
7.2 |
9,040,000 |
10,040,000 |
930,800 |
15.2 |
| |
|
|
|
10,040,000 |
- - - - - - - |
1,082,800 |
16.0 |
| |
|
|
|
|
|
|
|
If you elected alternate valuation on line 1, Part 3, Elections by the Executor, enter the amount you entered in the “Alternate value” column
of item 12 of Part 5, Recapitulation. Otherwise, enter the amount from the “Value at date of death” column.
To figure the tentative tax on the amount on line 5, use Table A above.
Three worksheets are provided to help you compute the entries for these lines. You need not file these worksheets with your
return but should keep
them for your records. Worksheet TG—Taxable Gifts Reconciliation, below, allows you to reconcile the decedent's lifetime taxable
gifts to compute totals that will be used for the line 4 worksheet below and the line 7 worksheet on page 5.
Line 7 Worksheet—Gift Tax on Gifts Made After 1976
| a.
Calendar year or calendar quarter
|
b.
Total taxable gifts for prior periods (from Form 709, Tax Computation, line 2)
|
c.
Taxable gifts for this period (from Form 709, Tax Computation, line 1)
(see below)
|
d.
Tax payable using
Table A
(see below)
|
e.
Unused unified credit (applicable credit amount) for this period
(see below)
|
f
Tax payable for this period (subtract col. e from col. d)
|
| Total pre-1977 taxable gifts. Enter the amount from line 1, Worksheet TG |
|
| |
|
|
|
|
|
| 1. |
Total gift taxes payable on gifts made after 1976
(combine the amounts in column f)
|
1 |
|
| 2. |
Gift taxes paid by the decedent on gifts that qualify
for “special treatment” Enter the amount from line 2, column e,
Worksheet TG
|
2 |
|
| 3. |
Subtract line 2 from line 1 |
3 |
|
| 4. |
Gift tax paid by decent's spouse on split gifts
included on Schedule G. Enter the amount from line 2, column f,
Worksheet TG
|
4 |
|
| 5. |
Add lines 3 and 4. Enter here and on line 7 of the Tax
Computation of Form 706
|
5 |
|
You must get all of the decedent's gift tax returns (Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return) before
you complete Worksheet TG. The amounts you will enter on Worksheet TG can usually be derived from these returns as filed.
However, if any of the
returns were audited by the IRS, you should use the amounts that were finally determined as a result of the audits.
In addition, you must include in column b of Worksheet TG any gifts in excess of the annual exclusion made by the decedent
(or on behalf of the
decedent under a power of attorney) but for which no Forms 709 were filed. You must make a reasonable inquiry as to the existence
of any such gifts.
The annual exclusion for 1977 through 1981 was $3,000 per donee per year and $10,000 for years after 1981.
For tax years beginning after 1998 the annual $10,000 exclusion for gifts is indexed for inflation. For calendar year 2003, the annual
exclusion for gifts is $11,000.
Note:
In figuring the line 7 amount, do not include any tax paid or payable on gifts made before 1977. The line 7 amount is a hypothetical
figure based only on gifts made after 1976 and used to calculate the estate tax.
Special treatment of split gifts.
These special rules apply only if:
- The decedent's spouse predeceased the decedent;
- The decedent's spouse made gifts that were “split” with the decedent under the rules of section 2513;
- The decedent was the “consenting spouse” for those split gifts, as that term is used on Form 709; and
- The split gifts were included in the decedent's spouse's gross estate under section 2035.
If all four conditions above are met, do not include these gifts on line 4 of the Tax Computation and do not include the gift
taxes payable on these gifts on line 7 of the Tax Computation. These adjustments are incorporated into the worksheets.
Line 9—Unified Credit (applicable credit amount)
The applicable credit amount (formerly the unified credit), is $345,800 for the estates of decedents dying in 2003. The amount
of the credit cannot
exceed the amount of estate tax imposed.
Important:
If the estate is claiming a qualified family-owned business interest deduction, see Coordination with unified credit on page 25 before
completing line 9.
Line 10—Adjustment to Unified Credit (applicable credit amount)
If the decedent made gifts (including gifts made by the decedent's spouse and treated as made by the decedent by reason of
gift splitting) after
September 8, 1976, and before January 1, 1977, for which the decedent claimed a specific exemption, the unified credit (applicable
credit amount) on
this estate tax return must be reduced. The reduction is figured by entering 20% of the specific exemption claimed for these
gifts.
Note: (The specific exemption was allowed by section 2521 for gifts made before January 1, 1977.)
If the decedent did not make any gifts between September 8, 1976, and January 1, 1977, or if the decedent made gifts during
that period but did not
claim the specific exemption, enter zero.
Line 13—Credit for State Death Taxes
The estate of a decedent dying in 2003 must reduce by 50% the amount of the state death tax credit found in the table on page
6. This reduction is
calculated on line 13.
You may take a credit on line 13 for estate, inheritance, legacy, or succession taxes paid as the result of the decedent's
death to any state or
the District of Columbia. However, see section 2053(d) and the related regulations for exceptions and limits if you elected
to deduct the taxes from
the value of the gross estate.
If you make a section 6166 election to pay the Federal estate tax in installments and make a similar election to pay the state
death tax in
installments, see Rev. Rul. 86-38, 1986-1 C.B. 296, for the method of computing the credit allowed with this Form 706.
If you have elected to extend the time to pay the tax on a reversionary or remainder interest, you may take a credit against
that portion of the
Federal estate tax for state death taxes attributable to the reversionary or remainder interest. The state death taxes must
be paid and claimed before
the expiration of the extended time for paying the estate tax.
The credit may not be more than 50% of the amount figured by using Table B on page 6, based on the value of the adjusted taxable estate.
The adjusted taxable estate is the amount of the Federal taxable estate (line 3 of the Tax Computation) reduced by $60,000.
You may claim an
anticipated amount of credit and figure the Federal estate tax on the return before the state death taxes have been paid.
However, the credit cannot
be finally allowed unless you pay the state death taxes and claim the credit within 4 years after the return is filed (or
later as provided by the
Code if a petition is filed with the Tax Court of the United States, or if you have an extension of time to pay) and submit
evidence that the tax has
been paid. If you claim the credit for any state death tax that is later recovered, see Regulations section 20.2016-1 for
the notice you are required
to give the IRS within 30 days.
If you transfer property other than cash to the state in payment of state inheritance taxes, the amount you may claim as a
credit is the lesser of
the state inheritance tax liability discharged or the fair market value of the property on the date of the transfer.
For more details, see Rev. Rul. 86-117, 1986-2 C.B. 157.
You should send the following evidence to the IRS:
- Certificate of the proper officer of the taxing state, or the District of Columbia, showing the:
- total amount of tax imposed (before adding interest and penalties and before allowing discount);
- amount of discount allowed;
- amount of penalties and interest imposed or charged;
- total amount actually paid in cash; and
- date of payment.
- Any additional proof the IRS specifically requests.
You should file the evidence requested above with the return if possible. Otherwise, send it as soon after you file the return
as possible.
Line 15—Credit for Federal Gift Taxes
You may take a credit for Federal gift taxes imposed by Chapter 12 of the Code, and the corresponding provisions of prior
laws, on certain
transfers the decedent made before January 1, 1977, that are included in the gross estate. The credit cannot be more than
the amount figured by the
following formula:
| Gross estate tax minus (the sum of the state death taxes and unified credit) |
x |
Value of
included gift
|
| Value of gross estate minus (the sum of the deductions for charitable, public, and similar gifts and bequests and marital
deduction)
|
|
|
For more information, see the regulations under section 2012. This computation may be made using Form 4808, Computation of Credit for
Gift Tax. Attach a copy of a completed Form 4808 or the computation of the credit. Also attach all available copies of Forms
709 filed by the decedent
to help verify the amounts entered on lines 4, 7, and 15. You can get Form 4808 on the IRS Web Site at www.irs.gov.
Line 23—United States Treasury Bonds
You may not use these bonds to pay the GST tax.
Instructions for Part 3. Elections by the Executor (Page 2 of Form 706)
Line 1—Alternate Valuation
See the example on page 12 showing the use of Schedule B where the alternate valuation is adopted.
Unless you elect at the time you file the return to adopt alternate valuation as authorized by section 2032, you must value
all property included
in the gross estate on the date of the decedent's death. Alternate valuation cannot be applied to only a part of the property.
You may elect special use valuation (line 2) in addition to alternate valuation.
You may not elect alternate valuation unless the election will decrease both the value of the gross estate and the total net
estate and GST taxes
due after application of all allowable credits.
You elect alternate valuation by checking “Yes” on line 1 and filing Form 706. Once made, the election may not be revoked. The election may be
made on a late filed Form 706 provided it is not filed later than 1 year after the due date (including extensions).
If you elect alternate valuation, value the property that is included in the gross estate as of the applicable dates as follows:
- Any property distributed, sold, exchanged, or otherwise disposed of or separated or passed from the gross estate by any method
within 6
months after the decedent's death is valued on the date of distribution, sale, exchange, or other disposition, whichever occurs
first. Value this
property on the date it ceases to form a part of the gross estate; i.e., on the date the title passes as the result of its
sale, exchange, or other
disposition.
- Any property not distributed, sold, exchanged, or otherwise disposed of within the 6-month period is valued on the date 6
months after the
date of the decedent's death.
- Any property, interest, or estate that is “affected by mere lapse of time” is valued as of the date of decedent's death or on the date
of its distribution, sale, exchange, or other disposition, whichever occurs first. However, you may change the date of death
value to account for any
change in value that is not due to a “mere lapse of time” on the date of its distribution, sale, exchange, or other disposition.
The property included in the alternate valuation and valued as of 6 months after the date of the decedent's death, or as of
some intermediate date
(as described above) is the property included in the gross estate on the date of the decedent's death. Therefore, you must
first determine what
property constituted the gross estate at the decedent's death.
Interest.
Interest accrued to the date of the decedent's death on bonds, notes, and other interest-bearing obligations is property
of the gross estate on the
date of death and is included in the alternate valuation.
Rent.
Rent accrued to the date of the decedent's death on leased real or personal property is property of the gross estate
on the date of death and is
included in the alternate valuation.
Dividends.
Outstanding dividends that were declared to stockholders of record on or before the date of the decedent's death are
considered property of the
gross estate on the date of death, and are included in the alternate valuation. Ordinary dividends declared to stockholders
of record after the date
of the decedent's death are not property of the gross estate on the date of death and are not included in the alternate valuation.
However, if
dividends are declared to stockholders of record after the date of the decedent's death so that the shares of stock at the
later valuation date do not
reasonably represent the same property at the date of the decedent's death, include those dividends (except dividends paid
from earnings of the
corporation after the date of the decedent's death) in the alternate valuation.
As part of each Schedule A through I, you must show:
- What property is included in the gross estate on the date of the decedent's death;
- What property was distributed, sold, exchanged, or otherwise disposed of within the 6-month period after the decedent's death,
and the dates
of these distributions, etc.
(These two items should be entered in the “Description” column of each schedule. Briefly explain the status or disposition governing the
alternate valuation date, such as: “Not disposed of within 6 months following death,” “Distributed,” “Sold,” “Bond paid on
maturity,” etc. In this same column, describe each item of principal and includible income);
- The date of death value, entered in the appropriate value column with items of principal and includible income shown separately;
and
- The alternate value, entered in the appropriate value column with items of principal and includible income shown separately.
(In the case of any interest or estate, the value of which is affected by lapse of time, such as patents, leaseholds, estates
for the life of
another, or remainder interests, the value shown under the heading “Alternate value” must be the adjusted value; i.e., the value as of the date
of death with an adjustment reflecting any difference in its value as of the later date not due to lapse of time.)
Distributions, sales, exchanges, and other dispositions of the property within the 6-month period after the decedent's death
must be supported by
evidence. If the court issued an order of distribution during that period, you must submit a certified copy of the order as
part of the evidence. The
IRS may require you to submit additional evidence if necessary.
If the alternate valuation method is used, the values of life estates, remainders, and similar interests are figured using
the age of the recipient
on the date of the decedent's death and the value of the property on the alternate valuation date.
Line 2—Special Use Valuation of Section 2032A
In general.
Under section 2032A, you may elect to value certain farm and closely held business real property at its farm or business
use value rather than its
fair market value. You may elect both special use valuation and alternate valuation.
To elect this valuation you must check “ Yes” to line 2 and complete and attach Schedule A-1 and its required additional statements. You must
file Schedule A-1 and its required attachments with Form 706 for this election to be valid. You may make the election on a late filed
return so long as it is the first return filed.
The total value of the property valued under section 2032A may not be decreased from FMV by more than $840,000 for decedents
dying in 2003.
Real property may qualify for the section 2032A election if:
- The decedent was a U.S. citizen or resident at the time of death;
- The real property is located in the United States;
- At the decedent's death the real property was used by the decedent or a family member for farming or in a trade or business,
or was rented
for such use by either the surviving spouse or a lineal descendant of the decedent to a family member on a net cash basis;
- The real property was acquired from or passed from the decedent to a qualified heir of the decedent;
- The real property was owned and used in a qualified manner by the decedent or a member of the decedent's family during 5 of
the 8 years
before the decedent's death;
- There was material participation by the decedent or a member of the decedent's family during 5 of the 8 years before the decedent's
death;
and
- The qualified property meets the following percentage requirements:
- At least 50% of the adjusted value of the gross estate must consist of the adjusted value of real or personal property that
was being used
as a farm or in a closely held business and that was acquired from, or passed from, the decedent to a qualified heir of the
decedent, and
- At least 25% of the adjusted value of the gross estate must consist of the adjusted value of qualified farm or closely held
business real
property.
For this purpose, adjusted value is the value of property determined without regard to its special-use value. The value is
reduced for unpaid
mortgages on the property or any indebtedness against the property, if the full value of the decedent's interest in the property
(not reduced by such
mortgage or indebtedness) is included in the value of the gross estate. The adjusted value of the qualified real and personal
property used in
different businesses may be combined to meet the 50% and 25% requirements.
Qualified use.
The term qualified use means the use of the property as a farm for farming purposes or the use of property in a trade
or business other than
farming. Trade or business applies only to the active conduct of a business. It does not apply to passive investment activities
or the mere passive
rental of property to a person other than a member of the decedent's family. Also, no trade or business is present in the
case of activities not
engaged in for profit.
Ownership.
To qualify as special-use property, the decedent or a member of the decedent's family must have owned and used the
property in a qualified use for
5 of the last 8 years before the decedent's death. Ownership may be direct or indirect through a corporation, a partnership,
or a trust.
If the ownership is indirect, the business must qualify as a closely held business under section 6166. The ownership,
when combined with periods of
direct ownership, must meet the requirements of section 6166 on the date of the decedent's death and for a period of time
that equals at least 5 of
the 8 years preceding death.
If the property was leased by the decedent to a closely held business, it qualifies as long as the business entity
to which it was rented was a
closely held business with respect to the decedent on the date of the decedent's death and for sufficient time to meet the
“ 5 in 8 years” test
explained above.
Structures and other real property improvements.
Qualified real property includes residential buildings and other structures and real property improvements regularly
occupied or used by the owner
or lessee of real property (or by the employees of the owner or lessee) to operate the farm or business. A farm residence
which the decedent had
occupied is considered to have been occupied for the purpose of operating the farm even when a family member and not the decedent
was the person
materially participating in the operation of the farm.
Qualified real property also includes roads, buildings, and other structures and improvements functionally related
to the qualified use.
Elements of value such as mineral rights that are not related to the farm or business use are not eligible for special-use
valuation.
Property acquired from the decedent.
Property is considered to have been acquired from or to have passed from the decedent if one of the following applies:
- The property is considered to have been acquired from or to have passed from the decedent under section 1014(b) (relating
to basis of
property acquired from a decedent).
- The property is acquired by any person from the estate.
- The property is acquired by any person from a trust, to the extent the property is includible in the gross estate.
Qualified heir.
A person is a qualified heir of property if he or she is a member of the decedent's family and acquired or received
the property from the decedent.
If a qualified heir disposes of any interest in qualified real property to any member of his or her family, that person will
then be treated as the
qualified heir with respect to that interest.
The term member of the family includes only:
- An ancestor (parent, grandparent, etc.) of the individual;
- The spouse of the individual;
- The lineal descendant (child, stepchild, grandchild, etc.) of the individual, the individual's spouse, or a parent of the
individual;
or
- The spouse, widow, or widower of any lineal descendant described above.
A legally adopted child of an individual is treated as a child of that individual by blood.
To elect special-use valuation, either the decedent or a member of his or her family must have materially participated in
the operation of the farm
or other business for at least 5 of the 8 years ending on the date of the decedent's death. The existence of material participation
is a factual
determination, but passively collecting rents, salaries, draws, dividends, or other income from the farm or other business
does not constitute
material participation. Neither does merely advancing capital and reviewing a crop plan and financial reports each season
or business year.
In determining whether the required participation has occurred, disregard brief periods (e.g., 30 days or less) during which
there was no material
participation, as long as such periods were both preceded and followed by substantial periods (more than 120 days) during
which there was
uninterrupted material participation.
Retirement or disability.
If, on the date of death, the time period for material participation could not be met because the decedent had retired
or was disabled, a
substitute period may apply. The decedent must have retired on Social Security or been disabled for a continuous period ending
with death. A person is
disabled for this purpose if he or she was mentally or physically unable to materially participate in the operation of the
farm or other business.
The substitute time period for material participation for these decedents is a period totaling at least 5 years out
of the 8-year period that ended
on the earlier of (1) the date the decedent began receiving social security benefits, or (2) the date the decedent became
disabled.
Surviving spouse.
A surviving spouse who received qualified real property from the predeceased spouse is considered to have materially
participated if he or she was
engaged in the active management of the farm or other business. If the surviving spouse died within 8 years of the first spouse's
death, you may add
the period of material participation of the predeceased spouse to the period of active management by the surviving spouse
to determine if the
surviving spouse's estate qualifies for special-use valuation. To qualify for this, the property must have been eligible for
special-use valuation in
the predeceased spouse's estate, though it does not have to have been elected by that estate.
For additional details regarding material participation, see Regulations section 20.2032A-3(e).
The primary method of valuing special-use value property that is used for farming purposes is the annual gross cash rental
method. If comparable
gross cash rentals are not available, you can substitute comparable average annual net share rentals. If neither of these
are available, or if you so
elect, you can use the method for valuing real property in a closely held business.
Average annual gross cash rental.
Generally, the special-use value of property that is used for farming purposes is determined as follows:
- Subtract the average annual state and local real estate taxes on actual tracts of comparable real property from the average
annual gross
cash rental for that same comparable property, and
- Divide the result in 1 by the average annual effective interest rate charged for all new Federal Land Bank loans.
The computation of each average annual amount is based on the 5 most recent calendar years ending before the date
of the decedent's death.
Gross cash rental.
Generally, gross cash rental is the total amount of cash received in a calendar year for the use of actual tracts
of comparable farm real property
in the same locality as the property being specially valued. You may not use appraisals or other statements regarding rental
value or areawide
averages of rentals. You may not use rents that are paid wholly or partly in kind, and the amount of rent may not be based
on production. The rental
must have resulted from an arm's-length transaction. Also, the amount of rent is not reduced by the amount of any expenses
or liabilities associated
with the farm operation or the lease.
Comparable property.
Comparable property must be situated in the same locality as the specially valued property as determined by generally
accepted real property
valuation rules. The determination of comparability is based on all the facts and circumstances. It is often necessary to
value land in segments where
there are different uses or land characteristics included in the specially valued land. The following list contains some of
the factors considered in
determining comparability.
- Similarity of soil.
- Whether the crops grown would deplete the soil in a similar manner.
- Types of soil conservation techniques that have been practiced on the 2 properties.
- Whether the 2 properties are subject to flooding.
- Slope of the land.
- For livestock operations, the carrying capacity of the land.
- For timbered land, whether the timber is comparable.
- Whether the property as a whole is unified or segmented; if segmented, the availability of the means necessary for movement
among the
different sections.
- Number, types, and conditions of all buildings and other fixed improvements located on the properties and their location as
it affects
efficient management, use, and value of the property.
- Availability and type of transportation facilities in terms of costs and of proximity of the properties to local markets.
You must specifically identify on the return the property being used as comparable property. Use the type of descriptions
used to list real
property on Schedule A.
Effective interest rate.
See Rev. Rul. 2003–53, 2003–22 I.R.B. 969, for the effective annual interest rates in effect for 2003.
Net share rental.
You may use average annual net share rental from comparable land only if there is no comparable land from which average
annual gross cash rental
can be determined. Net share rental is the difference between the gross value of produce received by the lessor from the comparable
land and the cash
operating expenses (other than real estate taxes) of growing the produce that, under the lease, are paid by the lessor. The
production of the produce
must be the business purpose of the farming operation. For this purpose, produce includes livestock.
The gross value of the produce is generally the gross amount received if the produce was disposed of in an arm's-length
transaction within the
period established by the Department of Agriculture for its price support program. Otherwise, the value is the weighted average
price for which the
produce sold on the closest national or regional commodities market. The value is figured for the date or dates on which the
lessor received (or
constructively received) the produce.
Valuing a real property interest in closely held business.
Use this method to determine the special-use valuation for qualifying real property used in a trade or business other
than farming. You may also
use this method for qualifying farm property if there is no comparable land or if you elect to use it. Under this method,
the following factors are
considered:
- The capitalization of income that the property can be expected to yield for farming or for closely held business purposes
over a reasonable
period of time with prudent management and traditional cropping patterns for the area, taking into account soil capacity,
terrain configuration, and
similar factors.
- The capitalization of the fair rental value of the land for farming or for closely held business purposes.
- The assessed land values in a state that provides a differential or use value assessment law for farmland or closely held
business.
- Comparable sales of other farm or closely held business land in the same geographical area far enough removed from a metropolitan
or resort
area so that nonagricultural use is not a significant factor in the sales price.
- Any other factor that fairly values the farm or closely held business value of the property.
Include the words “section 2032A valuation” in the “Description” column of any Form 706 schedule if section 2032A property is included in
the decedent's gross estate.
An election under section 2032A need not include all the property in an estate that is eligible for special use valuation,
but sufficient property
to satisfy the threshold requirements of section 2032A(b)(1)(B) must be specially valued under the election.
If joint or undivided interests (e.g., interests as joint tenants or tenants in common) in the same property are received
from a decedent by
qualified heirs, an election with respect to one heir's joint or undivided interest need not include any other heir's interest
in the same property if
the electing heir's interest plus other property to be specially valued satisfies the requirements of section 2032A(b)(1)(B).
If successive interests (e.g., life estates and remainder interests) are created by a decedent in otherwise qualified property,
an election under
section 2032A is available only with respect to that property (or part) in which qualified heirs of the decedent receive all
of the successive
interests, and such an election must include the interests of all of those heirs.
For example, if a surviving spouse receives a life estate in otherwise qualified property and the spouse's brother receives
a remainder interest in
fee, no part of the property may be valued pursuant to an election under section 2032A.
Where successive interests in specially valued property are created, remainder interests are treated as being received by
qualified heirs only if
the remainder interests are not contingent on surviving a nonfamily member or are not subject to divestment in favor of a
nonfamily member.
You may make a protective election to specially value qualified real property. Under this election, whether or not you may
ultimately use special
use valuation depends upon values as finally determined (or agreed to following examination of the return) meeting the requirements
of section 2032A.
To make a protective election, check “Yes” to line 2 and complete Schedule A-1 according to its instructions for “Protective Election.”
If you make a protective election, you should complete this Form 706 by valuing all property at its fair market value. Do
not use special use
valuation. Usually, this will result in higher estate and GST tax liabilities than will be ultimately determined if special
use valuation is allowed.
The protective election does not extend the time to pay the taxes shown on the return. If you wish to extend the time to pay the taxes, you
should file Form 4768 in adequate time before the return due date.
If it is found that the estate qualifies for special use valuation based on the values as finally determined (or agreed to
following examination of
the return), you must file an amended Form 706 (with a complete section 2032A election) within 60 days after the date of this
determination. Complete
the amended return using special use values under the rules of section 2032A, and complete Schedule A-1 and attach all of the
required statements.
For definitions and additional information, see section 2032A and the related regulations.
Line 3—Installment Payments
If the gross estate includes an interest in a closely held business, you may be able to elect to pay part of the estate tax
in installments.
The maximum amount that can be paid in installments is that part of the estate tax that is attributable to the closely held
business. In general,
that amount is the amount of tax that bears the same ratio to the total estate tax that the value of the closely held business
included in the gross
estate bears to the total gross estate.
Bond or lien required.
The IRS requires either that an estate furnish a surety bond as a prerequisite for granting the installment payment
election or that the executor
elects the special lien provisions of section 6324A.
If you elect the lien provisions, section 6324A requires that the lien be placed on property having a value equal
to the total deferred tax plus
four years of interest. The property must be expected to survive the deferral period.
You do not need to furnish the required bond or elect the special lien at the time you file Form 706. The IRS will
contact you and you will be
given the opportunity to furnish the bond or elect the special lien provisions
Percentage requirements.
To qualify for installment payments, the value of the interest in the closely held business that is included in the
gross estate must be more than
35% of the adjusted gross estate (the gross estate less expenses, indebtedness, taxes, and losses).
Interests in two or more closely held businesses are treated as an interest in a single business if at least 20% of
the total value of each
business is included in the gross estate. For this purpose, include any interest held by the surviving spouse that represents
the surviving spouse's
interest in a business held jointly with the decedent as community property or as joint tenants, tenants by the entirety,
or tenants in common.
Value.
The value used for meeting the percentage requirements is the same value used for determining the gross estate. Therefore,
if the estate is valued
under alternate valuation or special use valuation, you must use those values to meet the percentage requirements.
Transfers before death.
Generally, gifts made before death are not included in the gross estate. However, the estate must meet the 35% requirement
by both including and
excluding in the gross estate any gifts made by the decedent within 3 years of death.
Passive assets.
In determining the value of a closely held business and whether the 35% requirement is met, do not include the value
of any passive assets held by
the business. A passive asset is any asset not used in carrying on a trade or business. Any asset used in a qualifying lending and
financing business is treated as an asset used in carrying on a trade or business; see section 6166(b)(10) for details. Stock
in another corporation
is a passive asset unless the stock is treated as held by the decedent because of the election to treat holding company stock
as business company
stock; see Holding company stock below.
If a corporation owns at least 20% in value of the voting stock of another corporation, or the other corporation had
no more than 45 shareholders
and at least 80% of the value of the assets of each corporation is attributable to assets used in carrying on a trade or business,
then these
corporations will be treated as a single corporation, and the stock will not be treated as a passive asset. Stock held in
the other corporation is not
taken into account in determining the 80% requirement.
Interest in closely held business.
For purposes of the installment payment election, an interest in a closely held business means:
- Ownership of a trade or business carried on as a proprietorship.
- An interest as a partner in a partnership carrying on a trade or business if 20% or more of the total capital interest was
included in the
gross estate of the decedent or the partnership had no more than 45 partners.
- Stock in a corporation carrying on a trade or business if 20% or more in value of the voting stock of the corporation is included
in the
gross estate of the decedent or the corporation had no more than 45 shareholders.
The partnership or corporation must be carrying on a trade or business at the time of the decedent's death.
In determining the number of partners or shareholders, a partnership or stock interest is treated as owned by one
partner or shareholder if it is
community property or held by a husband and wife as joint tenants, tenants in common, or as tenants by the entirety.
Property owned directly or indirectly by or for a corporation, partnership, estate, or trust is treated as owned proportionately
by or for its
shareholders, partners, or beneficiaries. For trusts, only beneficiaries with present interests are considered.
The interest in a closely held farm business includes the interest in the residential buildings and related improvements
occupied regularly by the
owners, lessees, and employees operating the farm.
Holding company stock.
The executor may elect to treat as business company stock the portion of any holding company stock that represents
direct ownership (or indirect
ownership through one or more other holding companies) in a business company. A holding company is a corporation holding stock in another
corporation. A business company is a corporation carrying on a trade or business.
In general, this election applies only to stock that is not readily tradable. However, the election can be made if
the business company stock is
readily tradable, as long as all of the stock of each holding company is not readily tradable.
For purposes of the 20% voting stock requirement, stock is treated as voting stock to the extent the holding company
owns voting stock in the
business company.
If the executor makes this election, the first installment payment is due when the estate tax return is filed. The
5-year deferral for payment of
the tax, as discussed below under Time for payment, does not apply. In addition, the 2% interest rate, discussed on page 10 under
Interest computation, will not apply. Also, if the business company stock is readily tradable, as explained above, the tax must be paid in
5 installments.
Time for payment.
Under the installment method, the executor may elect to defer payment of the qualified estate tax, but not interest, for up to 5 years
from the original payment due date. After the first installment of tax is paid, you must pay the remaining installments annually
by the date 1 year
after the due date of the preceding installment. There can be no more than 10 installment payments.
Interest on the unpaid portion of the tax is not deferred and must be paid annually. Interest must be paid at the
same time as and as a part of
each installment payment of the tax.
For information on the acceleration of payment when an interest in the closely held business is disposed of, see section
6166(g).
Interest computation.
A special interest rate applies to installment payments. For decedent's dying in 2003, the interest rate is 2% on
the lesser of:
- $493,800, or
- The amount of the estate tax that is attributable to the closely held business and that is payable in installments.
2% portion.
The 2% portion is an amount equal to the amount of the tentative estate tax on ($1,000,000 + the applicable exclusion
amount in effect) minus the
applicable credit amount in effect. However, if the amount of estate tax extended under section 6166 is less than the amount
computed above, the 2%
portion is the lesser amount.
Inflation adjustment.
The $1,000,000 amount used to calculate the 2% portion is indexed for inflation for the estates of decedents dying
in a calendar year after 1998.
For an estate of a decedent dying in calendar year 2003, the dollar amount used to determine the “ 2% portion” of the estate tax payable in
installments under section 6166 is $1,120,000.
Computation.
Interest on the portion of the tax in excess of the 2% portion is figured at 45% of the annual rate of interest on
underpayments. This rate is
based on the Federal short-term rate and is announced quarterly by the IRS in the Internal Revenue Bulletin.
If you elect installment payments and the estate tax due is more than the maximum amount to which the 2% interest
rate applies, each installment
payment is deemed to comprise both tax subject to the 2% interest rate and tax subject to 45% of the regular underpayment
rate. The amount of each
installment that is subject to the 2% rate is the same as the percentage of total tax payable in installments that is subject
to the 2% rate.
Important:
The interest paid on installment payments is not deductible as an administrative expense of the estate.
Making the election.
If you check this line to make a protective election, you should attach a notice of protective election as described
in Regulations section
20.6166-1(d). If you check this line to make a final election, you should attach the notice of election described in Regulations
section 20.6166-1(b).
In computing the adjusted gross estate under section 6166(b)(6) to determine whether an election may be made under
section 6166, the net amount of
any real estate in a closely held business must be used.
You may also elect to pay GST taxes in installments. See section 6166(i).
Line 4—Reversionary or Remainder Interests
For details of this election, see section 6163 and the related regulations.
Instructions for Part 4. General Information (Pages 2 and 3 of Form 706)
- Completing the authorization on page 2 of Form 706 will authorize one attorney, accountant, or enrolled agent to represent
the estate and
receive confidential tax information, but will not authorize the representative to enter into closing agreements for the estate.
- If you wish to represent the estate, you must complete and sign the authorization.
- If you wish to authorize persons other than attorneys, accountants, and enrolled agents, or if you wish to authorize more
than one person,
to receive confidential information or represent the estate, you must complete and attach Form 2848, Power of Attorney and Declaration of
Representative.
- You must also complete and attach Form 2848 if you wish to authorize someone to enter into closing agreements for the estate.
- If you wish only to authorize someone to inspect and/or receive confidential tax information (but not to represent you before
the IRS),
complete and file Form 8821, Tax Information Authorization.
Complete line 4 whether or not there is a surviving spouse and whether or not the surviving spouse received any benefits from
the estate. If there
was no surviving spouse on the date of decedent's death, enter “None” in line 4a and leave lines 4b and 4c blank. The value entered in line 4c
need not be exact. See the instructions for “Amount” under line 5, below.
Name.
Enter the name of each individual, trust, or estate who received (or will receive) benefits of $5,000 or more from
the estate directly as an heir,
next-of-kin, devisee, or legatee; or indirectly (for example, as beneficiary of an annuity or insurance policy, shareholder
of a corporation, or
partner of a partnership that is an heir, etc.).
Identifying number.
Enter the SSN of each individual beneficiary listed. If the number is unknown, or the individual has no number, please
indicate “ unknown” or
“ none.” For trusts and other estates, enter the EIN.
Relationship.
For each individual beneficiary enter the relationship (if known) to the decedent by reason of blood, marriage, or
adoption. For trust or estate
beneficiaries, indicate TRUST or ESTATE.
Amount.
Enter the amount actually distributed (or to be distributed) to each beneficiary including transfers during the decedent's
life from Schedule G
required to be included in the gross estate. The value to be entered need not be exact. A reasonable estimate is sufficient.
For example, where
precise values cannot readily be determined, as with certain future interests, a reasonable approximation should be entered.
The total of these
distributions should approximate the amount of gross estate reduced by funeral and administrative expenses, debts and mortgages,
bequests to surviving
spouse, charitable bequests, and any Federal and state estate and GST taxes paid (or payable) relating to the benefits received
by the beneficiaries
listed on lines 4 and 5.
All distributions of less than $5,000 to specific beneficiaries may be included with distributions to unascertainable
beneficiaries on the line
provided.
Line 6—Section 2044 Property
If you answered “Yes,” these assets must be shown on Schedule F.
Section 2044 property is property for which a previous section 2056(b)(7) election (QTIP election) has been made, or for which
a similar gift tax
election (section 2523) has been made. For more information, see the instructions on the back of Schedule F.
Line 8—Insurance Not Included in the Gross Estate
If you checked “Yes” for either 8a or 8b, you must complete and attach Schedule D and attach a Form 712, Life Insurance Statement,
for each policy and an explanation of why the policy or its proceeds are not includible in the gross estate.
Line 10—Partnership Interests and Stock in Close Corporations
If you answered “Yes” to line 10, you must include full details for partnerships and unincorporated businesses on Schedule F (Schedule E if
the partnership interest is jointly owned). You must include full details for the stock of inactive or close corporations
on Schedule B.
Value these interests using the rules of Regulations section 20.2031-2 (stocks) or 20.2031-3 (other business interests).
A “close corporation” is a corporation whose shares are owned by a limited number of shareholders. Often, one family holds the entire stock
issue. As a result, little, if any, trading of the stock takes place. There is, therefore, no established market for the stock,
and those sales that
do occur are at irregular intervals and seldom reflect all the elements of a representative transaction as defined by the
term “fair market
value” (FMV).
If you answered “Yes” to either 12a or 12b, you must attach a copy of the trust instrument for each trust.
You must complete Schedule G if you answered “Yes” to 12a and Schedule F if you answered “Yes” to 12b.
Line 14—Transitional Marital Deduction Computation
Check “Yes” if property passes to the surviving spouse under a maximum marital deduction formula provision that meets the requirements
of
section 403(e)(3) of the Economic Recovery Tax Act of 1981 (P.L. 97-34; 95 Stat. 305).
If you check “Yes” to line 14, compute the marital deduction under the rules that were in effect before the Economic Recovery Tax Act of 1981.
For a format for this computation, you should obtain the November 1981 revision of Form 706 and its instructions. The computation
is items 19
through 26 of the Recapitulation. You should also apply the rules of Rev. Rul. 80-148, 1980-1 C.B. 207, if there is property
that passes to the
surviving spouse outside of the maximum marital deduction formula provision.
Instructions for Part 5. Recapitulation (Page 3 of Form 706)
Items 1 through 10—
You must make an entry in each of items 1 through 9.
Example showing use of Schedule B where the alternate valuation is not adopted; date of death, January 1, 2003
| Item number |
Description including face amount of bonds or number of shares and par value where needed for identification. Give CUSIP
number.
|
Unit value |
Alternate valuation date |
Alternate value |
Value at date of death |
| 1 |
$60,000-Arkansas Railroad Co. first mortgage 4%, 20-year bonds, due 2005. Interest payable quarterly on Feb. 1, May 1, Aug.
1 and Nov.
1; N.Y. Exchange, CUSIP No. XXXXXXXXX
|
100 |
- - - - - - - |
$- - - - - - - |
$ 60,000 |
| |
Interest coupons attached to bonds, item 1, due and payable on Nov. 1, 2002, but not cashed at date of death |
- - - - - - - |
- - - - - - - |
- - - - - - - |
600 |
| |
Interest accrued on item 1, from Nov. 1, 2002, to Jan. 1, 2003 |
- - - - - - - |
- - - - - - - |
- - - - - - - |
400 |
| 2 |
500 shares Public Service Corp., common; N.Y. Exchange, CUSIP No. XXXXXXXXX |
110 |
- - - - - - - |
- - - - - - - |
55,000 |
| |
Dividend on item 2 of $2 per share declared Dec. 10, 2002, payable on Jan. 10, 2003, to holders of record on Dec. 30, 2002 |
- - - - - - - |
- - - - - - - |
- - - - - - - |
1,000 |
| |
|
|
|
|
|
If the gross estate does not contain any assets of the type specified by a given item, enter zero for that item. Entering
zero for any of items 1
through 9 is a statement by the executor, made under penalties of perjury, that the gross estate does not contain any includible
assets covered by
that item.
Do not enter any amounts in the “ Alternate value” column unless you elected alternate valuation on line 1 of Elections by the
Executor on page 2 of the Form 706.
Which schedules to attach for items 1 through 9.
You must attach—
- Schedule F to the return and answer its questions even if you report no assets on it.
- Schedules A, B, and C if the gross estate includes any Real Estate; Stocks and Bonds; or Mortgages, Notes, and Cash,
respectively.
- Schedule D if the gross estate includes any Life Insurance or if you answered “Yes” to question 8a of Part 4, General
Information.
- Schedule E if the gross estate contains any Jointly Owned Property or if you answered “Yes” to question 9 of Part 4.
- Schedule G if the decedent made any of the lifetime transfers to be listed on that schedule or if you answered “Yes” to question 11 or
12a of Part 4.
- Schedule H if you answered “Yes” to question 13 of Part 4.
- Schedule I if you answered “Yes” to question 15 of Part 4.
Item 11—Conservation easement exclusion.
You must complete and attach Schedule U (along with any required attachments) to claim the exclusion on this line.
Items 13 through 22—
You must attach the appropriate schedules for the deductions you claim.
Item 17—
If item 16 is less than or equal to the value (at the time of the decedent's death) of the property subject to claims,
enter the amount from item
16 on item 17.
If the amount on item 16 is more than the value of the property subject to claims, enter the greater of (a) the value of the property
subject to claims, or (b) the amount actually paid at the time the return is filed.
In no event should you enter more on item 17 than the amount on item 16. See section 2053 and the related regulations
for more information.
Instructions for Schedule A. Real Estate
See the reverse side of Schedule A on Form 706.
Schedule A-1. Section 2032A Valuation
See Schedule A-1 on Form 706.
Instructions for Schedule B. Stocks and Bonds
Before completing Schedule B, read the examples showing use of Schedule B where the alternate valuation is not adopted (see
page 11) and adopted
(see above).
If the total gross estate contains any stocks or bonds, you must complete Schedule B and file it with the return.
On Schedule B list the stocks and bonds included in the decedent's gross estate. Number each item in the left-hand column.
Bonds that are
exempt from Federal income tax are not exempt from estate tax unless specifically exempted by an estate tax provision of the
Code. Therefore,
you should list these bonds on Schedule B.
Public housing bonds includible in the gross estate must be included at their full value.
If you paid any estate, inheritance, legacy, or succession tax to a foreign country on any stocks or bonds included in this
schedule, group those
stocks and bonds together and label them “Subjected to Foreign Death Taxes.”
List interest and dividends on each stock or bond separately. Indicate as a separate item dividends that have not been collected
at death, but
which are payable to the decedent or the estate because the decedent was a stockholder of record on the date of death. However,
if the stock is being
traded on an exchange and is selling ex-dividend on the date of the decedent's death, do not include the amount of the dividend
as a separate item.
Instead, add it to the ex-dividend quotation in determining the fair market value of the stock on the date of the decedent's
death. Dividends declared
on shares of stock before the death of the decedent but payable to stockholders of record on a date after the decedent's death
are not includible in
the gross estate for Federal estate tax purposes.
Stocks.
For stocks indicate:
- Number of shares
- Whether common or preferred
- Issue
- Par value where needed for identification
- Price per share
- Exact name of corporation
- Principal exchange upon which sold, if listed on an exchange
- Nine-digit CUSIP number
Bonds.
For bonds indicate:
- Quantity and denomination
- Name of obligor
- Date of maturity
- Interest rate
- Interest due date
- Principal exchange, if listed on an exchange
- Nine-digit CUSIP number
If the stock or bond is unlisted, show the company's principal business office.
The CUSIP (Committee on Uniform Security Identification Procedure) number is a nine-digit number that is assigned to all stocks
and bonds traded on
major exchanges and many unlisted securities. Usually, the CUSIP number is printed on the face of the stock certificate. If
the CUSIP number is not
printed on the certificate, it may be obtained through the company's transfer agent.
Example showing use of Schedule B where the alternate valuation is adopted; date of death, January 1, 2003
| Item number |
Description including face amount of bonds or number of shares and par value where needed for identification. Give CUSIP
number.
|
Unit value |
Alternate valuation date |
Alternate value |
Value at date of death |
List the fair market value (FMV) of the stocks or bonds. The FMV of a stock or bond (whether listed or unlisted) is the mean
between the highest
and lowest selling prices quoted on the valuation date. If only the closing selling prices are available, then the FMV is
the mean between the quoted
closing selling price on the valuation date and on the trading day before the valuation date.
To figure the FMV if there were no sales on the valuation date:
- Find the mean between the highest and lowest selling prices on the nearest trading date before and the nearest trading date
after the
valuation date. Both trading dates must be reasonably close to the valuation date.
- Prorate the difference between the mean prices to the valuation date.
- Add or subtract (whichever applies) the prorated part of the difference to or from the mean price figured for the nearest
trading date
before the valuation date.
If no actual sales were made reasonably close to the valuation date, make the same computation using the mean between the
bona fide bid and asked
prices instead of sales prices. If actual sales prices or bona fide bid and asked prices are available within a reasonable
period of time before the
valuation date but not after the valuation date, or vice versa, use the mean between the highest and lowest sales prices or
bid and asked prices as
the FMV.
For example, assume that sales of stock nearest the valuation date (June 15) occurred 2 trading days before (June 13) and
3 trading days after
(June 18). On those days the mean sale prices per share were $10 and $15, respectively. Therefore, the price of $12 is considered
the FMV of a share
of stock on the valuation date. If, however, on June 13 and 18, the mean sale prices per share were $15 and $10, respectively,
the FMV of a share of
stock on the valuation date is $13.
If only closing prices for bonds are available, see Regulations section 20.2031-2(b).
Apply the rules in the section 2031 regulations to determine the value of inactive stock and stock in close corporations.
Send with the schedule
complete financial and other data used to determine value, including balance sheets (particularly the one nearest to the valuation
date) and
statements of the net earnings or operating results and dividends paid for each of the 5 years immediately before the valuation
date.
Securities reported as of no value, nominal value, or obsolete should be listed last. Include the address of the company and
the state and date of
the incorporation. Attach copies of correspondence or statements used to determine the “no value.”
If the security was listed on more than one stock exchange, use either the records of the exchange where the security is principally
traded or the
composite listing of combined exchanges, if available, in a publication of general circulation. In valuing listed stocks and
bonds, you should
carefully check accurate records to obtain values for the applicable valuation date.
If you get quotations from brokers, or evidence of the sale of securities from the officers of the issuing companies, attach
to the schedule copies
of the letters furnishing these quotations or evidence of sale.
See Rev. Rul. 69-489, 1969-2 C.B. 172, for the special valuation rules for certain marketable U.S. Treasury Bonds (issued
before March 4, 1971).
These bonds, commonly called “flower bonds,” may be redeemed at par plus accrued interest in payment of the tax at any Federal Reserve bank, the
office of the Treasurer of the United States, or the Bureau of the Public Debt, as explained in Rev. Proc. 69-18, 1969-2 C.B.
300.
Instructions for Schedule C. Mortgages, Notes, and Cash
See the reverse side of Schedule C on Form 706.
Instructions for Schedule D. Insurance on the Decedent's Life
See the reverse side of Schedule D on Form 706.
Instructions for Schedule E. Jointly Owned Property
See the reverse side of Schedule E on Form 706.
Instructions for Schedule F. Other Miscellaneous Property
See the reverse side of Schedule F on Form 706.
Instructions for Schedule G. Transfers During Decedent's Life
Complete Schedule G and file it with the return if the decedent made any of the transfers described in 1 through 5 below, or
if you answered “Yes” on line 11 or 12a of Part 4, General Information.
Report the following types of transfers on this schedule.
| IF. . . |
AND . . . |
THEN . . . |
| the decedent made a transfer from a trust, |
at the time of the transfer, the transfer was from a portion of the trust that was owned by the grantor under
section 676 (other than by reason of section 672(e)) by reason of a power in the grantor,
|
for purposes of sections 2035 and 2038, treat the transfer as made directly by the decedent. |
| |
|
Any such transfer within the annual gift tax exclusion is not includible in the gross estate. |
- Certain gift taxes (section 2035(b)). Enter at item A of the Schedule the total value of the gift taxes
that were paid by the decedent or the estate on gifts made by the decedent or the decedent's spouse within 3 years before
death.
The date of the gift, not the date of payment of the gift tax, determines whether a gift tax paid is included in the gross
estate under this rule.
Therefore, you should carefully examine the Forms 709 filed by the decedent and the decedent's spouse to determine what part
of the total gift taxes
reported on them was attributable to gifts made within 3 years before death.
For example, if the decedent died on July 10, 2003, you should examine gift tax returns for 2003, 2002, 2001, and 2000. However,
the gift taxes on
the 2000 return that are attributable to gifts made before July 10, 2000, are not included in the gross estate.
Attach an explanation of how you computed the includible gift taxes if you do not include in the gross estate the entire gift
taxes shown on any
Form 709 filed for gifts made within 3 years of death. Also attach copies of any pertinent gift tax returns filed by the decedent's
spouse for gifts
made within 3 years of death.
- Other transfers within 3 years before death (section 2035(a)). These transfers include only the
following:
- Any transfer by the decedent with respect to a life insurance policy within 3 years before death.
- Any transfer within 3 years before death of a retained section 2036 life estate, section 2037 reversionary interest, or section
2038 power
to revoke, etc., if the property subject to the life estate, interest, or power would have been included in the gross estate
had the decedent
continued to possess the life estate, interest, or power until death.
These transfers are reported on Schedule G regardless of whether a gift tax return was required to be filed for them when
they were made. However,
the amount includible and the information required to be shown for the transfers are determined:
- For insurance on the life of the decedent using the instructions to Schedule D. (Attach Forms 712.)
- For insurance on the life of another using the instructions to Schedule F. (Attach Forms 712.)
- For sections 2036, 2037, and 2038 transfers, using paragraphs 3, 4, and 5 of these instructions.
- Transfers with retained life estate (section 2036). These are transfers by the decedent in which the decedent retained
an interest in the transferred property. The transfer can be in trust or otherwise, but excludes bona fide sales for adequate
and full
consideration.
Interests or rights. Section 2036 applies to the following retained interests or rights:
- The right to income from the transferred property.
- The right to the possession or enjoyment of the property.
- The right, either alone or with any person, to designate the persons who shall receive the income from, or possess or enjoy,
the
property.
Retained voting rights. Transfers with a retained life estate also include transfers of stock in a “controlled corporation” after
June 22, 1976, if the decedent retained or acquired voting rights in the stock. If the decedent retained direct or indirect
voting rights in a
controlled corporation, the decedent is considered to have retained enjoyment of the transferred property. A corporation is
a “controlled
corporation” if the decedent owned (actually or constructively) or had the right (either alone or with any other person) to vote at least
20% of
the total combined voting power of all classes of stock. See section 2036(b). If these voting rights ceased or were relinquished
within 3 years before
the decedent's death, the corporate interests are included in the gross estate as if the decedent had actually retained the
voting rights until death.
The amount includible in the gross estate is the value of the transferred property at the time of the decedent's death. If
the decedent kept or
reserved an interest or right to only a part of the transferred property, the amount includible in the gross estate is a corresponding
part of the
entire value of the property.
A retained life estate does not have to be legally enforceable. What matters is that a substantial economic benefit was retained.
For example, if a
mother transferred title to her home to her daughter but with the informal understanding that she was to continue livin |