Instructions For Form 709 - United States Gift (And Generation-Skipping Transfer) Tax Return - 2017 Page 18

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not to apply. Reporting a direct skip on a
Subject to an Estate Tax Inclusion Period
Year
Amount
timely filed Form 709 and paying the GST
(ETIP), earlier, and section 2642(f).
1999
$1,010,000
. . . . . . . . . . . . . .
tax on the transfer will prevent an
Part 3—Tax Computation
2000
$1,030,000
. . . . . . . . . . . . . .
automatic allocation.
2001
$1,060,000
. . . . . . . . . . . . . .
You must enter in Part 3 every gift you
Special QTIP election. If you elect QTIP
2002
$1,100,000
. . . . . . . . . . . . . .
listed in Part 1 of Schedule D.
treatment for any gifts in trust listed on
2003
$1,120,000
. . . . . . . . . . . . . .
Schedule A, then on Schedule D you also
2004 and 2005
$1,500,000
. . . . . . . .
Column C
may elect to treat the entire trust as
2006, 2007, and 2008
$2,000,000
. . . .
non-QTIP for purposes of the GST tax.
You are not required to allocate your
2009
$3,500,000
. . . . . . . . . . . . . .
The election must be made for the entire
available exemption. You may allocate
2010 and 2011
$5,000,000
. . . . . . . .
trust that contains the particular gift
some, all, or none of your available
2012
$5,120,000
. . . . . . . . . . . . . .
involved on this return. Be sure to identify
exemption, as you wish, among the gifts
2013
$5,250,000
. . . . . . . . . . . . . .
the item number of the specific gift for
listed in Part 3 of Schedule D. However,
2014
$5,340,000
. . . . . . . . . . . . . .
which you are making this special QTIP
the total exemption claimed in column C
2015
$5,430,000
. . . . . . . . . . . . . .
election.
may not exceed the amount you entered
2016
$5,450,000
. . . . . . . . . . . . . .
on line 3 of Part 2 of Schedule D.
2017
$5,490,000
. . . . . . . . . . . . . .
Line 5
Column D
Enter the amount of GST exemption you
In general, each annual increase can only
are applying to transfers reported in Part 3
Carry your computation to three decimal
be allocated to transfers made (or
of Schedule A.
places (for example, “1.000”).
appreciation occurring) during or after the
year of the transfer.
Section 2632(c) provides an automatic
Part 2—Tax Computation
allocation to indirect skips of any unused
Example. A donor made $1,750,000
GST exemption. The unused exemption is
in GSTs through 2005, and allocated all
(Page 1 of Form 709)
allocated to indirect skips to the extent
$1,500,000 of the exemption to those
necessary to make the inclusion ratio zero
Lines 4 and 5
transfers. In 2017, the donor makes a
for the property transferred. You may elect
$207,000 taxable generation-skipping
To compute the tax for the amount on
out of this automatic allocation as
transfer. The donor can allocate $207,000
line 3 (to be entered on line 4) and the tax
explained in the instructions for Part 3.
of exemption to the 2017 transfer but
for the amount on line 2 (to be entered on
cannot allocate the $3,783,000 of unused
line 5), use the Table for Computing Gift
2017 exemption to pre-2017 transfers.
Line 6
Tax.
However, if in 2005, the donor made a
Line 7
Notice of allocation. You may wish to
$1,750,000 transfer to a trust that was not
allocate GST exemption to transfers not
a direct skip, but from which
The applicable credit (formerly unified
reported on this return, such as a late
generation-skipping transfers could be
credit) amount is the tentative tax on the
allocation.
made in the future, the donor could
applicable exclusion amount. For gifts
To allocate your exemption to such
allocate the increased exemption to the
made in 2017, the applicable exclusion
trust, even though no additional transfers
transfers, attach a statement to this Form
amount equals:
were made to the trust. See Regulations
709 and entitle it “Notice of Allocation.”
The basic exclusion amount of
section 26.2642-4 for the redetermination
The notice must contain the following for
$5,490,000, PLUS
each trust (or other transfer).
of the applicable fraction when additional
Any deceased spousal unused
exemption is allocated to the trust.
Clear identification of the trust,
exclusion (DSUE) amount, PLUS
including the trust's EIN, if known.
Any Restored Exclusion Amount.
Keep a record of your transfers and
If this is a late allocation, the year the
exemption allocations to make sure that
If you are a citizen or resident of the
transfer was reported on Form 709.
any future increases are allocated
United States, you must apply any
The value of the trust assets at the
correctly.
available applicable credit against gift tax.
effective date of the allocation.
Enter on line 1 of Part 2 the maximum
If you are not eligible to use a DSUE
The amount of your GST exemption
GST exemption you are allowed. This will
amount from a predeceased spouse, or
allocated to each gift (or a statement that
not necessarily be the highest indexed
Restored Exclusion Amount on taxable
you are allocating exemption by means of
amount if you made no generation-
gifts made to a same-sex spouse, enter
a formula such as “an amount necessary
skipping transfers during the year of the
$2,141,800 on line 7. Nonresidents not
to produce an inclusion ratio of zero”).
increase.
citizens of the United States may not claim
The inclusion ratio of the trust after the
the applicable credit and should enter zero
The donor can apply this exemption to
allocation.
on line 7.
inter vivos transfers (that is, transfers
Total the exemption allocations and
made during the donor's life) on Form 709.
If you are eligible to use a DSUE
enter this total on line 6.
The executor can apply the exemption on
amount from a predeceased spouse or a
Form 706 to transfers taking effect at
Restored Exclusion Amount for taxable
Note. Where the property involved in
death. An allocation is irrevocable.
gifts to a same-sex spouse (or both),
such a transfer is subject to an ETIP
complete Schedule C—Deceased
because it would be includible in the
In the case of inter vivos direct skips, a
Spousal Unused Exclusion (DSUE)
portion of the donor's unused exemption is
donor's estate if the donor died
Amount and enter the amount from line 5
automatically allocated to the transferred
immediately after the transfer (other than
of that schedule on line 7 of Part 2—Tax
property unless the donor elects
by reason of the donor having died within
Computation.
otherwise. To elect out of the automatic
3 years of making the gift), an allocation of
the GST exemption at the time of the
allocation of exemption, you must file
Determine the tentative tax on the
Form 709 and attach a statement to it
transfer will only become effective at the
applicable exclusion amount using the
clearly describing the transaction and the
end of the ETIP. For details, see Transfers
rates in the Table for Computing Gift Tax,
extent to which the automatic allocation is
and enter the result on line 7.
-18-

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