Understanding IRS Form 706: Estate and Generation-Skipping Transfer Tax Guide

A comprehensive guide to IRS Form 706, its requirements, and its significance in estate and generation-skipping transfer tax calculations.

Overview of IRS Form 706 for Estates and Generation-Skipping Transfers

Form 706: United States Estate (and Generation-Skipping Transfer) Tax Return is a critical IRS form used by an executor of a decedent’s estate to compute the owed estate tax as stipulated under Chapter 11 of the Internal Revenue Code (IRC). This tax applies to the entire taxable estate, ensuring smooth calculations even for the share intended for individual beneficiaries. Executors also utilize Form 706 to compute the generation-skipping transfer tax (GSTT) enforced by Chapter 13 of the IRC.

Key Highlights

  • Purpose: Calculating estate tax owed as per Chapter 11, and GSTT as per Chapter 13 of IRC.
  • Filing Requirement: Necessary for estates exceeding the exclusion amount ($12.92 million in 2023 and $13.61 million in 2024).
  • Other Versions: Form 706-GS(D) is used to assess taxes on trust distributions subjected to GSTT.

Form 706 assists executors in assessing the total estate value prior to distributing assets to beneficiaries, adhering to the decedent’s will or trust. The IRS employs a stepped-up valuation method, which means the property’s cost basis is aligned to its fair market value as of the decedent’s death date, thereby helping minimize capital gains taxes.

Filing IRS Form 706

Executors are required to file Form 706 under certain situations:

  • Estates of U.S. citizens or residents exceeding the stipulated exclusion amount.
  • To transfer the “deceased spousal unused exclusion” (DSUE) amount to the surviving spouse.

To check if the estate surpasses the exclusion amount, consider the following:

  1. Adjusted taxable gifts post Dec. 31, 1976.
  2. Specific exemptions allowed, particularly gifts made after Sept. 8, 1976.
  3. Gross estate valuation as of the date of death.

Components of the Gross Estate

The gross estate includes all properties where the decedent had an interest such as:

  • Real estate properties
  • Lifetime transfers without adequate consideration
  • Annuities
  • Joint estates with rights of survivorship and tenancies by the entirety
  • Certain life insurance proceeds and properties subject to a general power of appointment

Submission Requirements and Addresses

Form 706 should be filed within nine months of the decedent’s death. An automatic 6-month extension can be requested using Form 4768. Use the following address for submission:

  • Standard Mail: Department of the Treasury, Internal Revenue Service, Kansas City, MO 64999.
  • Private Delivery Services: Internal Revenue Submission Processing Center, 333 W. Pershing Road, Kansas City, MO 64108.
  • For Amended Filings: Internal Revenue Service Center, Attn: E&G, Stop 824G, 7940 Kentucky Drive, Florence, KY 41042-2915.

Common Inquiries about Form 706

Does every estate require Form 706?

No. Filing is mandatory for estates exceeding the annual exclusion level together with adjusted taxable gifts and specific exemptions.

IRS Form 706 vs IRS Form 709

Form 706 deals with estate tax analysis post-death. Meanwhile, Form 709 attends to gift taxes surpassing annual giving limits during an individual’s lifetime.

What triggers an estate tax return?

An estate earning over $600 in annual gross income must file Form 1041. Such estate may also need to pay quarterly estimated taxes.

Conclusion

IRS Form 706, utilized for United States Estate and Generation-Skipping Transfer Tax Return, serves to report the value of a deceased’s estate, inclusive of assets, deductions, and assigned beneficiaries. This form is fundamental for the IRS in determining owed taxes owing to annual fluctuation in estate tax exclusions.

Related Terms: gross estate, capital gains taxes, stepped-up valuation.

References

  1. Internal Revenue Service. “About Form 706-GS (D-1), Notification of Distribution From a Generation-Skipping Trust”.
  2. Internal Revenue Service. “About Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return”.
  3. Internal Revenue Service. “IRS Provides Tax Inflation Adjustments for Tax Year 2024.”
  4. Internal Revenue Service. “About Form 706-GS (D), Generation-Skipping Transfer Tax Return for Distributions”.
  5. Internal Revenue Service. “Frequently Asked Questions: Gifts & Inheritances”.
  6. Internal Revenue Service. “Instructions for Form 706 (09/2023)”.
  7. Internal Revenue Service. “What’s New - Estate and Gift Tax”.
  8. Internal Revenue Service. “About Form 706-NA”.
  9. Internal Revenue Service. “Instructions for Form 706-GS (D-1)”, Pages 1-3.
  10. Internal Revenue Service. “About Form 4768, Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes”.
  11. Internal Revenue Service. “Where to File - Forms Beginning With The Number 7”.
  12. Internal Revenue Service. “Submission Processing Center Street Addresses for Private Delivery Service (PDS)”.
  13. Internal Revenue Service. “Filing Estate and Gift Tax Returns”.
  14. Electronic Federal Tax Payment System. “Welcome to EFTPS”.
  15. Internal Revenue Service. “Frequently Asked Questions on Estate Taxes”.
  16. Internal Revenue Service. “Deceased Person”.
  17. Internal Revenue Service. “About Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return”.
  18. Internal Revenue Service. “File an Estate Tax Income Tax Return”.

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--- primaryColor: 'rgb(121, 82, 179)' secondaryColor: '#DDDDDD' textColor: black shuffle_questions: true --- ## What is IRS Form 706 used for? - [ ] Reporting annual income - [ ] Reporting foreign bank accounts - [ ] Registering a new business - [x] Computing the federal estate tax ## What is primarily reported on Form 706? - [ ] Individual's income and expenses - [ ] Annual charitable donations - [x] Deceased individual's assets and liabilities - [ ] Corporate financial statements ## Which estates are required to file Form 706? - [ ] All estates, regardless of value - [x] Estates that meet or exceed the estate tax exemption amount - [ ] Only estates with business assets - [ ] Only estates with registered stocks and bonds ## By which date must Form 706 generally be filed after the individual's date of death? - [ ] One month - [ ] Three months - [ ] Six months - [x] Nine months ## When listing the value of estate assets, which value must be reported on Form 706? - [ ] Original purchase price - [x] Fair market value at the time of death - [ ] Assessed tax value - [ ] Replacement cost ## Can Form 706 be extended for filing? - [ ] No, it must always be 9 months from the date of death - [x] Yes, a 6-month extension request can be filed - [ ] Yes, but only for business estates - [ ] No, it must be filed promptly with no extensions allowed ## Who typically prepares Form 706? - [ ] The decedent's employer - [ ] Family members - [x] Attorneys or tax preparers specialized in estate planning - [ ] Bank representatives ## Does Form 706 include taxation on lifetime gifts exceeding the annual exclusion? - [x] Yes, lifetime gifts exceeding the annual exclusion are included - [ ] No, only estate assets are included - [ ] It only includes the principal residence - [ ] It varies by state law ## Which section of Form 706 addresses deductions? - [x] Schedule J for funeral expenses and administrative costs - [ ] Schedule A for income statements - [ ] Schedule B for securities owned by the estate - [ ] Schedule E for employee payroll ## What happens if Form 706 is filed late without an extension? - [ ] There is no penalty - [x] Late filing penalties and interest on unpaid taxes apply - [ ] The extension is automatically applied - [ ] The estate is exempt from estate tax completely