Instructions For Form 56 - Notice Concerning Fiduciary Relationship printable pdf download

Instructions for Form 56

Department of the Treasury

Internal Revenue Service

(Rev. November 2017)

Notice Concerning Fiduciary Relationship

When and Where To File

Do not use Form 56 if you are

Section references are to the Internal Revenue

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

IRS.gov/

A fiduciary is treated by the IRS as if he

tax returns.

Form56.

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

acting is required to file tax returns to

Form 56 is used to notify the IRS of the

Fiduciary. A fiduciary is any person in a

provide the notice required by section

creation or termination of a fiduciary

position of confidence acting on behalf of

6903.

relationship under section 6903 and

any other person. A fiduciary assumes the

provide the qualification for the fiduciary

powers, rights, duties, and privileges of

Specific Instructions

relationship under section 6036.

the person or entity on whose behalf he or

she is acting. Examples of fiduciaries

Form 56 cannot be used to update

include administrators, conservators,

Part I—Identification

the last known address of the

designees, executors, guardians,

person for whom you are acting.

Provide all the information called for in this

CAUTION

receivers, trustees of a trust, trustees in

Use Form 8822, Change of Address, to

part. If there is more than one fiduciary,

bankruptcy, personal representatives,

update the last known address.

each fiduciary must file a separate Form

persons in possession of property of a

56 or otherwise provide notice of their

decedent’s estate, or debtors-in-

Who Should File

status to the IRS.

possession of assets in any bankruptcy

proceeding by order of the court.

Form 56 should be filed by a fiduciary (see

Name. File a separate Form 56 for each

Definitions below) to notify the IRS of the

person for whom you are acting in a

Person. A person is any individual, trust,

creation or termination of a fiduciary

fiduciary capacity. For example, if you will

estate, partnership, association, company,

relationship under section 6903. For

be filing the decedent’s final Form 1040

or corporation.

example, if you are acting as fiduciary for

and are the executor/administrator of the

Decedent’s estate. A decedent’s estate

an individual, a decedent’s estate, or a

decedent’s estate, file one Form 56

is a taxable entity separate from the

trust, you may file Form 56.

entering the name of the decedent as the

decedent that comes into existence at the

person for whom you are acting and file

Receivers and assignees for the

time of the decedent’s death. It generally

one Form 56 entering the name of the

benefit of creditors also file Form 56 to

continues to exist until the final distribution

estate as the name of the person for

give notice of qualification under section

of the estate’s assets is made to the heirs

whom you are acting.

6036. However, a bankruptcy trustee,

and other beneficiaries.

debtor-in-possession, or other like

Identifying number. If you are acting for

Terminating entities. A terminating

fiduciary in a bankruptcy proceeding is not

an individual, an individual debtor, or other

entity, such as a corporation, partnership,

required to give notice of qualification

person whose assets are controlled, the

trust, etc., only has the legal capacity to

under section 6036. Trustees, etc., in

identifying number is the social security

establish a fiduciary relationship while it is

bankruptcy proceedings are subject to the

number (SSN) or individual taxpayer

in existence. Establishing a fiduciary

notice requirements under title 11 of the

identification number (ITIN). If you are

relationship prior to termination of the

United States Code (Bankruptcy Rules).

acting for a person other than an

entity allows the fiduciary to represent the

individual, the identifying number is the

entity on all tax matters after it is

employer identification number (EIN).

terminated.

Oct 25, 2017

Cat. No. 57937U

Instructions For Form 56 - Notice Concerning Fiduciary Relationship

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