Instructions For Form 8971 And Schedule A - 2016 Page 2

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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
Note. A TIN is a Social Security Number
cause is not shown, a penalty may be
Schedules A is the fair market value of the
(SSN), an Employer Identification Number
imposed. The penalty applies if there is a
asset as reported on the estate tax return.
(EIN), an Individual Taxpayer Identification
failure to file timely, a failure to include all
However, the final value for purposes of
Number (ITIN), or any other number used
information required to be shown on the
the federal estate tax may differ from that
by the IRS in the administration of tax
form or schedule, a failure to include
reported on the estate tax return. A value
laws.
correct information on the form or
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
The penalty applies for each Schedule A
when the correct Form 8971 with
If information reported on Form 8971
required to be provided.
Schedule(s) A is filed.
and the Schedule(s) A filed with the IRS or
The amount of the penalty depends on
provided to a beneficiary differs from the
The penalty is as follows.
when a correct Schedule A is provided.
final value (as the result of the resolution
$50 per Form 8971 (including all
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
to adjustment for inflation.
to adjustment for inflation.
If the executor or other person required
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
Rounding Off to Whole
Intentional disregard of filing require­
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
disregard of the requirements to file a
of the requirements to provide correct
The value of property should be reported
correct Form 8971 and Schedule(s) A, the
in U.S. dollars and rounded to
Schedules A, the penalty is at least $530
minimum penalty is at least $530 per Form
whole-dollar amounts. To round, drop
per Schedule A with no maximum penalty.
8971 and the Schedule(s) A required to be
amounts under 50 cents and increase
Inconsequential error or omission. An
filed with it, with no maximum penalty.
amounts from 50 to 99 cents to the next
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
along with it. Errors and omissions that are
omissions that are never inconsequential
Failure to file correct Forms 8971 by
never inconsequential are those related to
are those related to (a) the value of the
the due date (section 6721). If the
­2­

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