Instructions For Form 706-Na - United States Estate (And Generation-Skipping Transfer) Tax Return - 2007 Page 2

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The total taxable gifts made after
treaty based. See Regulations section
your position. See Definitions on
December 31, 1976, that are not
301.6114-1 for details.
page 1.
included in the gross estate.
Question 9. A general power of
appointment is any power of
When To File
Specific Instructions
appointment exercisable in favor of the
decedent, the decedent’s estate, the
File Form 706-NA within 9 months after
decedent’s creditors, or the creditors of
the date of death unless an extension
Attachments
the decedent’s estate, and includes the
of time to file was granted.
right of a beneficiary to appropriate or
If the decedent died testate, attach a
consume the principal of a trust. For a
certified copy of the will to Form
Where To File
complete definition, see section 2041.
706-NA. If you are unable to obtain a
Form 706-NA must be filed at:
certified copy, attach a copy of the will
Schedule A
and explain why it could not be
Department of the Treasury
Before you complete Schedule A, you
certified.
Internal Revenue Service Center
must determine what assets are
Cincinnati, OH 45999
You must also attach a copy of the
included in the decedent’s entire gross
decedent’s death certificate.
estate, wherever located. However, list
Penalties
on Schedule A only those assets
For closely held or inactive corporate
The law provides for penalties for both
included in the entire gross estate that
stock, attach the balance sheets,
late filing of returns and late payment of
are located in the United States. Enter
particularly the one nearest the
tax unless there is reasonable cause
the total value of assets located outside
valuation date, and statements of the
for the delay. There are also penalties
the United States on line 2 of
net earnings or operating results and
for willful attempts to evade or defeat
Schedule B.
dividends paid for each of the 5
payment of tax.
preceding years. Attach any other
Entire gross estate. The entire gross
documents, such as appraisal lists,
The law also provides for penalties
estate is figured the same way for a
needed for explanation. Also attach
for valuation understatements that
nonresident alien decedent as for a
copies of all available U.S. gift tax
cause an underpayment of tax. See
U.S. citizen or resident. It consists of all
returns the decedent filed. Other
property the decedent beneficially
sections 6662(g) and (h) for more
documents may be required as
details.
owned, wherever located, and includes
explained in these instructions.
the following property interests.
Return preparer. The Small Business
Generally, the full value of property
Attach an English translation to all
and Work Opportunity Tax Act of 2007
the decedent owned at the time of
documents in other languages.
(Act) amended section 6694 to extend
death as a joint tenant with right of
the application of income tax return
survivorship (but if the surviving spouse
How To Complete Form
preparer penalties to all tax return
is a U.S. citizen, then only half the
preparers, including estate tax return
706-NA
value of property held by the decedent
preparers. Under the amended
and surviving spouse either as joint
provision and transitional relief provided
First, enter the decedent’s name and
tenants with right of survivorship or as
by Notice 2007-54, 2007-24 I.R.B. 12,
the other information called for in Part I.
tenants by the entirety). For exceptions,
estate tax return preparers, who
For item 2, enter the decedent’s social
see the instructions on the reverse side
prepare any return or claim for refund
security number (SSN) or individual
of Schedule E, Form 706;
which reflects an understatement of tax
taxpayer identification number (ITIN),
Property the decedent and a
liability due to willful or reckless
whichever is applicable. Then answer
surviving spouse owned as community
conduct, are subject to a penalty of
all of the questions in Part III.
property to the extent of the decedent’s
$5,000 or 50% of the income from (or
The estate tax is imposed on the
interest in the property under applicable
income to be derived from), whichever
decedent’s gross estate in the United
state, possession, or foreign law;
is greater, for the preparation of each
States, reduced by allowable
A surviving spouse’s dower or
such return. See section 6694 and
deductions. Compute the gross estate
curtesy interest and all substitute
Notice 2007-54 for more details.
in the United States on Schedule A.
interests created by statute;
Reduce the Schedule A total by the
Proceeds of insurance on the
Death Tax Treaties
allowable deductions to derive the
decedent’s life, generally including
taxable estate on Schedule B, and
Death tax treaties are in effect with the
proceeds receivable by beneficiaries
figure the tax due using the Tax
following countries:
other than the estate;
Computation schedule (Part II).
Several kinds of transfers the
Australia
Italy
decedent made before death;
Part III. General Information
Austria
Japan
Property in which the decedent either
Canada*
Netherlands
held a general power of appointment at
Question 6a. If you answer “Yes,”
Denmark
Norway
the time of death, or used or released
please attach a statement listing:
Finland
South Africa
this power in certain ways before
The citizenship of the decedent’s
France
Sweden
death; and
parents,
Germany
Switzerland
Certain annuities to surviving
Whether the decedent became a
Greece
United Kingdom
beneficiaries.
U.S. citizen through a naturalization
Ireland
proceeding in the United States, and
For additional information
*Article XXIX B of the United States — Canada
When the decedent lost U.S.
concerning joint tenancies, tenancies
Income Tax Treaty
citizenship or residency.
by the entirety, annuities, life insurance,
transfers during life, and powers of
If you are reporting any items on this
Question 6b. If you answer “Yes,” but
appointment, see the Instructions for
return based on the provisions of a
maintain that avoiding U.S. taxes was
Form 706.
death tax treaty or protocol, you may
not a principal purpose for the
have to attach a statement to this return
decedent’s loss of citizenship or
Enter on Schedule A all of the assets
disclosing the return position that is
residency, attach documents to sustain
that meet both the following tests.
-2-

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