Instructions For Form 56 Notice Concerning Fiduciary Relationship

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Instructions for Form 56
Department of the Treasury
Internal Revenue Service
(Rev. December 2015)
Notice Concerning Fiduciary Relationship
When and Where To File
Section references are to the Internal Revenue
Do not use Form 56 if you are
Code unless otherwise noted.
notifying the IRS that you are the
!
Notice of fiduciary relationship.
authorized representative of the
Future Developments
CAUTION
Generally, you should file Form 56 when
taxpayer. Instead, use Form 2848, Power
you create (or terminate) a fiduciary
of Attorney and Declaration of
For the latest information about
relationship. File Form 56 with the Internal
Representative.
developments related to Form 56 and its
Revenue Service Center where the person
instructions, such as legislation enacted
for whom you are acting is required to file
after they were published, go to
A fiduciary is treated by the IRS as if he
tax returns.
or she is actually the taxpayer. Upon
appointment, the fiduciary automatically
Proceedings (other than bankruptcy)
Photographs of Missing
has both the right and the responsibility to
and assignments for the benefit of
Children
undertake all actions the taxpayer is
creditors. A fiduciary who is appointed or
required to perform. For example, the
authorized to act as:
The IRS is a proud partner with the
fiduciary must file returns and pay any
A receiver in a receivership proceeding
National Center for Missing and Exploited
taxes due on behalf of the taxpayer.
or similar fiduciary (including a fiduciary in
Children. Photographs of missing children
aid of foreclosure), or
selected by the Center may appear in
An authorized representative is treated
An assignee for the benefit of creditors,
instructions on pages that would otherwise
by the IRS as the agent of the taxpayer.
must file Form 56 on, or within 10 days of,
be blank. You can help bring these
He or she can only perform the duties
the date of appointment with the Advisory
children home by looking at the
authorized by the taxpayer, as indicated
Group Manager, of the area office of the
photographs and calling 1-800-THE-
on Form 2848. An authorized
IRS having jurisdiction over the person for
LOST (1-800-843-5678) if you recognize a
representative is not required nor
whom you are acting. See Pub. 4235,
child.
permitted to do anything other than the
Collection Advisory Group Numbers and
actions explicitly authorized by the
Addresses, for more information.
General Instructions
taxpayer.
The receiver or assignee may also file
a separate Form 56 with the service center
Definitions
Purpose of Form
where the person for whom the fiduciary is
Form 56 is used to notify the IRS of the
acting is required to file tax returns to
Fiduciary. A fiduciary is any person in a
creation or termination of a fiduciary
provide the notice required by section
position of confidence acting on behalf of
relationship under section 6903 and
6903.
any other person. A fiduciary assumes the
provide the qualification for the fiduciary
powers, rights, duties, and privileges of
relationship under section 6036.
the person or entity on whose behalf he or
Specific Instructions
she is acting. Examples of fiduciaries
Form 56 cannot be used to
include administrators, conservators,
Part I—Identification
update the last known address of
!
designees, executors, guardians,
the person for whom you are
Provide all the information called for in this
receivers, trustees of a trust, trustees in
CAUTION
acting. Use Form 8822, Change of
part. If there is more than one fiduciary,
bankruptcy, personal representatives,
Address, to update the last known
each fiduciary must file a separate Form
persons in possession of property of a
address.
56 or otherwise provide notice of their
decedent’s estate, or debtors-in-
status to the IRS.
possession of assets in any bankruptcy
Who Should File
proceeding by order of the court.
Name. File a separate Form 56 for each
Form 56 should be filed by a fiduciary (see
person for whom you are acting in a
Person. A person is any individual, trust,
Definitions below) to notify the IRS of the
estate, partnership, association, company,
fiduciary capacity. For example, if you will
creation or termination of a fiduciary
be filing the decedent’s final Form 1040
or corporation.
relationship under section 6903. For
and are the executor/administrator of the
Decedent’s estate. A decedent’s estate
example, if you are acting as fiduciary for
decedent’s estate, file one Form 56
is a taxable entity separate from the
an individual, a decedent’s estate, or a
entering the name of the decedent as the
decedent that comes into existence at the
trust, you may file Form 56.
person for whom you are acting and file
time of the decedent’s death. It generally
one Form 56 entering the name of the
Receivers and assignees for the
continues to exist until the final distribution
estate as the name of the person for
benefit of creditors also file Form 56 to
of the estate’s assets is made to the heirs
whom you are acting.
give notice of qualification under section
and other beneficiaries.
6036. However, a bankruptcy trustee,
Identifying number. If you are acting for
Terminating entities. A terminating
debtor-in-possession, or other like
an individual, an individual debtor, or other
entity, such as a corporation, partnership,
fiduciary in a bankruptcy proceeding is not
person whose assets are controlled, the
trust, etc., only has the legal capacity to
required to give notice of qualification
identifying number is the social security
establish a fiduciary relationship while it is
under section 6036. Trustees, etc., in
number (SSN) or individual taxpayer
in existence. Establishing a fiduciary
bankruptcy proceedings are subject to the
identification number (ITIN). If you are
relationship prior to termination of the
notice requirements under title 11 of the
acting for a person other than an
entity allows the fiduciary to represent the
United States Code (Bankruptcy Rules).
individual, the identifying number is the
entity on all tax matters after it is
employer identification number (EIN).
terminated.
Nov 13, 2015
Cat. No. 57937U

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