Form 8939 Released by IRS

The IRS has released Form 8939 and instructions, which the estate of a 2010 decedent can use to elect out of the estate tax system and into the modified carryover basis system. This form is due January 17, 2012. To view the form, go to http://www.irs.gov/pub/irs-pdf/f8939.pdf, and to view the instructions, go to http://www.irs.gov/pub/irs-pdf/i8939.pdf.

2011 Form 706 and Instructions Released by IRS

The IRS has posted on its website the forms for the U.S. Estate Tax Return (Form 706) and instructions for estates of decedents dying in 2011. The IRS previously released Form 706 and instructions for estates of decedents who died in 2010. We are still waiting for the release of Form 8939 for estates of 2010 decedents to elect out of the estate tax system and into the carryover basis system. Click here for the IRS forms and instructions.

IRS Extends Deadline for Form 8939 to January 17, 2012

The IRS issued Notice 2011-76 on September 13, 2011, extending the due date for Form 8939 from November 15, 2011 to January 17, 2012.  This form must be filed by Estates of 2010 decedents electing out of the estate tax system and into the carryover basis system.

The IRS also noted that estates of 2010 decedents may file Form 4768 to extend the due date for the Form 706 from September 19, 2011 to March 19, 2012, and that no penalties will be imposed for late payment of tax before that date.  Interest will still be assessed on late payments of tax, but the penalties will not apply.

See Notice 2011-76 for more details.

Form 8939 and 2010 Decedents

Under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "Act"), the estate of a 2010 decedent can either stay with the estate tax system with a $5 million exemption, 35% tax rate and full stepped up basis to date of death value, or make an election out of the estate tax system and into the carryover basis system by filing a Form 8939. Form 8939 is due November 15, 2011 according to IRS Notice 2011-66, but the Form itself has still not been released. There will be no extensions of the November15, 2011 due date and the election, once made, is irrevocable, according to the Notice. See our  January 2011 newsletter for a more complete discussion of the Act.
　

Form 706 Deadline is Near!

The deadline for filing a U.S. Estate Tax Return (Form 706) for a 2010 decedent is September 19, 2011 under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "Act"). If you are still unsure whether or not to file a Form 706 or the Form 8939 that is due November 15, 2011 to elect out of the estate tax system and into the carryover basis system, then you probably want to file a Form 4768, application for automatic 6-month extension of time to file. See our January 2011 newsletter for a more complete discussion of the Act.