Form 56 - Notice Concerning Fiduciary Relationship (Page 2 of 2) in pdf

Form 56 (Rev. 7-94)

Page

Paperwork Reduction Act and

Definitions

Decedent’s SSN.—If you are acting on behalf

of a decedent, enter the decedent’s SSN

Privacy Act Notice

Fiduciary.—A fiduciary is any person acting

shown on his or her final Form 1040 in the

in a fiduciary capacity for any other person (or

We ask for the information on this form to

space provided.

terminating entity), such as an administrator,

carry out the Internal Revenue laws of the

conservator, designee, executor, guardian,

Address.—Include the suite, room, or other

United States. Form 56 is provided for your

receiver, trustee of a trust, trustee in

unit number after the street address.

convenience and its use is voluntary. Under

bankruptcy, personal representative, person

If the postal service does not deliver mail to

section 6109 you must disclose the social

in possession of property of a decedent’s

the street address and the fiduciary (or

security number or employer identification

estate, or debtor in possession of assets in

person) has a P.O. box, show the box

number of the individual or entity for which

any bankruptcy proceeding by order of the

number instead of the street address.

you are acting. The principal purpose of this

court.

disclosure is to secure proper identification of

Part II—Authority

Person.—A person is any individual, trust,

the taxpayer. We also need this information

estate, partnership, association, company or

to gain access to the tax information in our

Line 1a.—Testate decedent.—Check the box

corporation.

files and properly respond to your request. If

on line 1a if the decedent died testate (i.e.,

you do not disclose this information, we may

Decedent’s estate.—A decedent’s estate is a

having left a valid will) and enter the

suspend processing the notice of fiduciary

taxable entity separate from the decedent

decedent’s date of death.

relationship and not consider this as proper

that comes into existence at the time of the

Line 1b.—Intestate decedent.—Check the

notification until you provide the information.

decedent’s death. It generally continues to

box on line 1b if the decedent died intestate

exist until the final distribution of the assets

The time needed to complete and file this

(i.e., without leaving a valid will). Also, enter

of the estate is made to the heirs and other

form will vary depending on individual

the decedent’s date of death and write “Date

beneficiaries.

circumstances. The estimated average time

of Death” next to the date.

is:

Terminating entities.—A terminating entity,

Assignment for the benefit of creditors.—

such as a corporation, partnership, trust, etc.,

Enter the date the assets were assigned to

Recordkeeping

8 min.

only has the legal capacity to establish a

you and write “Assignment Date” after the

Learning about the

fiduciary relationship while it is in existence.

date.

law or the form

32 min.

Establishing a fiduciary relationship prior to

Proceedings other than bankruptcy.—Enter

Preparing the form

46 min.

termination of the entity allows the fiduciary

the date you were appointed or took

to represent the entity on all tax matters after

possession of the assets of the debtor or

Copying, assembling, and

it is terminated.

other person whose assets are controlled.

sending the form to the IRS

15 min.

If you have comments concerning the

When and Where To File

Part III—Tax Notices

accuracy of these time estimates or

Notice of fiduciary relationship.— Generally,

Complete this part if you want the IRS to

suggestions for making this form more

Form 56 should be filed when you create (or

send you tax notices regarding the person for

simple, we would be happy to hear from you.

terminate) a fiduciary relationship. To receive

whom you are acting.

You can write to both the Internal Revenue

tax notices upon creation of a fiduciary

Line 2.—Specify the type of tax involved.

Service, Attention: Reports Clearance Officer,

relationship, Form 56 should be filed with the

This line should also identify a transferee tax

PC:FP, Washington, DC 20224; and the

Internal Revenue Service Center where the

liability under section 6901 or fiduciary tax

Office of Management and Budget,

person for whom you are acting is required to

liability under 31 U.S.C. 3713(b) when either

Paperwork Reduction Project (1545-0013),

file tax returns. However, when a fiduciary

exists.

Washington, DC 20503. DO NOT send the

relationship is first created, a fiduciary who is

form to either of these offices. Instead, see

required to file a return can file Form 56 with

Part IV—Revocation or

When and Where To File on this page.

the first tax return filed.

Termination of Notice

Proceedings (other than bankruptcy) and

General Instructions

Complete this part only if you are revoking or

assignments for the benefit of creditors.—

terminating a prior notice concerning a

Section references are to the Internal

A fiduciary who is appointed or authorized to

fiduciary relationship. Completing this part will

Revenue Code unless otherwise noted.

act as:

relieve you of any further duty or liability as a

A receiver in a receivership proceeding or

fiduciary if used as a notice of termination.

Purpose of Form

similar fiduciary (including a fiduciary in aid of

foreclosure), or

Part V—Court and Administrative

You may use Form 56 to notify the IRS of the

An assignee for the benefit of creditors,

creation or termination of a fiduciary

Proceedings

must file Form 56 on, or within 10 days of,

relationship under section 6903 and to give

Complete this part only if you have been

the date of appointment with the Chief,

notice of qualification under section 6036.

appointed a receiver, trustee, or fiduciary by a

Special Procedures Staff, of the district office

court or other governmental unit in a

Who Should File

of the IRS having jurisdiction over the person

proceeding other than a bankruptcy

for whom you are acting.

The fiduciary (see Definitions) uses Form 56

proceeding.

The receiver or assignee may also file a

to notify the IRS of the creation, or

If proceedings are scheduled for more than

separate Form 56 with the service center

termination, of a fiduciary relationship under

one date, time, or place, attach a separate

where the person for whom the fiduciary is

section 6903. For example, if you are acting

schedule of the proceedings.

acting is required to file tax returns to provide

as fiduciary for an individual, a decedent’s

Assignment for the benefit of creditors.—

the notice required by section 6903.

estate, or a trust, you may file Form 56. If

You must attach the following information:

notification is not given to the IRS, notices

Specific Instructions

1. A brief description of the assets that

sent to the last known address of the taxable

were assigned, and

entity, transferee, or other person subject to

Part I—Identification

2. An explanation of the action to be taken

tax liability are sufficient to satisfy the

regarding such assets, including any

requirements of the Internal Revenue Code.

Provide all the information called for in this

hearings, meetings of creditors, sale, or other

part.

Receivers and assignees for the benefit of

scheduled action.

creditors also file Form 56 to give notice of

Identifying number.—If you are acting for an

qualification under section 6036. However, a

individual, an individual debtor, or other

Signature

bankruptcy trustee, debtor in possession, or

person whose assets are controlled, the

Sign Form 56 and enter a title describing your

other like fiduciary in a bankruptcy

identifying number is the social security

role as a fiduciary (e.g., assignee, executor,

proceeding is not required to give notice of

number (SSN). If you are acting for a person

guardian, trustee, personal representative,

other than an individual, including an estate

qualification under section 6036. Trustees,

receiver, or conservator).

etc., in bankruptcy proceedings are subject to

or trust, the identifying number is the

the notice requirements under title 11 of the

employer identification number (EIN).

United States Code (Bankruptcy Rules).

Form 56 - Notice Concerning Fiduciary Relationship Page 2

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