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Amended and supplemental

property. For details, see section

Amended and supplemental returns and

6018(b)(4).

Extension of time to file, later.

returns

Statement to Recipients

There are only a few limited

An executor is not permitted to file

circumstances where the IRS will accept

The executor filing Form 8939 must

both an estate tax return (Form

an amended Form 8939. One of these

furnish to each person whose name is

706 or Form 706-NA) and a

CAUTION

circumstances is described in Amended

required to be set forth in such return

conditional Form 8939 that would take

Form 8939 to allocate Spousal Property

(other than the executor filing the return)

effect only if an estate tax audit results in

Basis Increase, below. For information on

a written statement showing the

an increase in the gross estate above the

other limited circumstances, see Notice

information required by section 6018(e)

applicable exclusion amount in section

2011-66, section I.D.2. To amend or

with respect to property (other than cash)

2010(c).

supplement a previously filed Form 8939,

acquired from the decedent to the person

file an amended Form 8939 and check

required to receive the statement. The

For individuals serving in the Armed

the box at the top of page 1 designated

executor must furnish this statement not

Forces of the United States or serving in

for amended returns. Attach a statement

later than 30 days after the date Form

support of the Armed Forces, the

that identifies the schedule, line number,

8939 is filed.

deadline for filing Form 8939 can be

and item number of each amended item,

extended under section 7508. An

The statement must include

the corrected or amended amount or

executor filing Form 8939 after the due

information about all property

treatment of the item, and an explanation

date under section 7508 should write

(other than cash) acquired from

of the reasons for the change. If the

CAUTION

“Filed Pursuant to Section 7508” at the

the decedent by the recipient of the

executor files an amended or

top of the first page of the form. For

statement, whether or not the executor

supplemental Form 8939, the executor

details, see section 7508 and Extension

allocates any Basis Increase to that

must provide updated statements to

of Deadlines in Publication 3, Armed

property.

affected recipients. See Updated

Forces’ Tax Guide.

statements, earlier.

Use Schedule A to provide this

statement to each recipient of property

Amended Form 8939 to allocate

For individuals living in a Presidentially

Spousal Property Basis Increase. The

(other than cash) acquired from the

declared disaster area or affected by

decedent, including the following persons.

executor can file an amended Form 8939

terroristic or military action, the deadline

•

The decedent’s surviving spouse.

after the due date for the sole purpose of

to file Form 8939 can be postponed under

•

The trustee of a qualified terminable

allocating Spousal Property Basis

section 7508A. An executor filing Form

interest property (QTIP) trust.

Increase to property eligible to receive an

8939 after the due date under section

•

Any charitable remainder trust the sole

allocation of that basis, provided that

7508A should write “Filed Pursuant to

non-charitable beneficiary of which is the

each of the two following requirements is

Section 7508A” at the top of the first page

decedent’s surviving spouse.

satisfied.

of the form. A Presidentially declared

•

Any other person (other than the

Form 8939 must have been timely filed

disaster is a disaster that occurred in an

executor filing the return) who acquires

and must have been complete when filed

area declared by the President to be

property (other than cash) from the

except for the allocation of the full amount

eligible for federal assistance under the

decedent.

of the Spousal Property Basis Increase to

Disaster Relief and Emergency

the eligible property reported on that

Assistance Act.

Updated statements. The executor

Form 8939.

must furnish an updated statement in the

•

Each amended Form 8939 must be

A list of the areas eligible for

following circumstances.

•

filed no more than 90 days after the date

assistance under the Disaster

The executor files an amended or

TIP

of the distribution of the qualified spousal

Relief and Emergency Assistance

supplemental Form 8939. For details, see

property to which Spousal Property Basis

Act is available at the Federal Emergency

Amended and supplemental returns, and

Increase is allocated on that amended

Management Agency (FEMA) website at

Notice 2011-66, section I.D.2.

Form 8939.

•

and at IRS.gov.

The IRS makes an adjustment to any

tax return that affects the amounts

See Spousal Property Basis Increase,

Private delivery services. You can use

properly reportable on Form 8939.

later.

certain private delivery services

The executor must furnish updated

Who Must Sign

designated by the IRS to meet the “timely

statements to each affected recipient of

mailing as timely filing” rule for tax

property no later than 30 days after the

The executor who files the return must, in

returns. These private delivery services

executor’s filing of the amended or

every case, sign the declaration on page

include only the following:

supplemental Form 8939 or receiving

1 of Form 8939 under penalties of perjury.

•

DHL Express (DHL): DHL Same Day

notice of the adjustment from the IRS,

Service.

Where to File

whichever is applicable. If the property is

•

Federal Express (FedEx): FedEx

subject to multiple interests (life estate

Send this return to:

Priority Overnight, FedEx Standard

and remainder interest), the life tenant

Overnight, FedEx 2Day, FedEx

Internal Revenue Service

and all holders of remainder interests are

International Priority, FedEx International

Estate & Gift Stop 824G

affected recipients of the property.

First.

201 W. Rivercenter Blvd.

•

If the executor files an amended Form

United Parcel Service (UPS): UPS Next

Covington, KY 41011

8939 that revokes a Section 1022

Day Air, UPS Next Day Air Saver, UPS

Election, the executor should write

2nd Day Air, UPS 2nd Day Air A.M., UPS

Do not file Form 8939 with the

“Section 1022 Election Revoked” at the

decedent’s final income tax return.

Worldwide Express Plus, and UPS

top of the updated statement and send a

Worldwide Express.

Do not send Form 8939 to the

CAUTION

copy to each affected recipient.

same address you use for mailing the

The private delivery service can tell

decedent’s final income tax return.

When to File

you how to get written proof of the mailing

Penalties

date.

File Form 8939 by January 17, 2012. See

Notice 2011-76. For more information,

Section 6716 provides penalties for failing

Extension of time to file

see Generally, the

to file this return on time and for failing to

IRS will not grant extensions of time to file

Generally, the IRS will not grant an

provide the information required unless

a Form 8939 and will not accept a Form

extension of time to file Form 8939.

there is reasonable cause for the failure.

8939 or an amended Form 8939 filed

However, see Notice 2011-66, section

Generally, the penalty is $10,000 for each

after the due date. However, see

I.D.2. for limited relief provisions.

such failure. The penalty for failure to

-2-

Instructions For Form 8939 - Allocation Of Increase In Basis For Property Acquired From A Decedent - 2010 Page 3

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