Instructions For Form 709 - United States Gift (And Generation-Skipping Transfer) Tax Return - 2010 Page 15

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Line 7
zero for the property transferred. You may
The authorization will automatically
elect out of this automatic allocation as
end no later than the due date (without
If you are a citizen or resident of the
explained in the instructions for Part 3.
regard to extensions) for filing your 2011
United States, you must take any
Form 709. This is April 16, 2012, for most
Line 6
available unified credit against gift tax.
filers. If you wish to revoke the
Nonresident aliens may not claim the
Notice of allocation. You may wish to
authorization before it ends, see Pub.
unified credit. If you are a nonresident
allocate GST exemption to transfers not
947.
alien, delete the $330,800 entry, skip line
reported on this return, such as a late
8, and write in zero on line 11.
Disclosure, Privacy Act, and
allocation.
Paperwork Reduction Act Notice. We
Line 10
To allocate your exemption to such
ask for the information on this form to
transfers, attach a statement to this Form
Enter 20% of the amount allowed as a
carry out the Internal Revenue laws of the
709 and entitle it “Notice of Allocation.”
specific exemption for gifts made after
United States. We need the information to
The notice must contain the following for
September 8, 1976, and before January
figure and collect the right amount of tax.
each trust (or other transfer):
1, 1977. (These amounts will be among
Form 709 is used to report (1) transfers
Clearly identify the trust, including the
those listed in Schedule B, column D, for
subject to the federal gift and certain GST
trust’s EIN, if known;
gifts made in the third and fourth quarters
taxes and to figure the tax, if any, due on
of 1976.)
If this is a late allocation, the year the
those transfers, and (2) allocations of the
transfer was reported on Form 709;
Line 13
lifetime GST exemption to property
The value of the trust assets at the
transferred during the transferor’s lifetime.
Gift tax conventions are in effect with
effective date of the allocation;
Our legal right to ask for the
Australia, Austria, Denmark, France,
The amount of your GST exemption
information requested on this form is
Germany, Japan, and the United
allocated to each gift (or a statement that
found in sections 6001, 6011, 6019, and
Kingdom. If you are claiming a credit for
you are allocating exemption by means of
6061, and their regulations. You are
payment of foreign gift tax, figure the
a formula such as “an amount necessary
required to provide the information
credit on an attached sheet and attach
to produce an inclusion ratio of zero”);
requested on this form. Section 6109
evidence that the foreign taxes were paid.
and
requires that you provide your identifying
See the applicable convention for details
The inclusion ratio of the trust after the
number.
of computing the credit.
allocation.
Generally, tax returns and return
Line 19
Total the exemption allocations and
information are confidential, as stated in
enter this total on line 6.
Make your check or money order payable
section 6103. However, section 6103
Note. Where the property involved in
to “United States Treasury” and write the
allows or requires the Internal Revenue
such a transfer is subject to an ETIP
donor’s social security number on it. You
Service to disclose or give such
because it would be includible in the
may not use an overpayment on Form
information shown on your Form 709 to
donor’s estate if the donor died
1040 to offset the gift and GST taxes
the Department of Justice to enforce the
immediately after the transfer (other than
owed on Form 709.
tax laws, both civil and criminal, and to
by reason of the donor having died within
cities, states, the District of Columbia, and
Signature
3 years of making the gift), an allocation
U.S. commonwealths or possessions for
of the GST exemption at the time of the
As a donor, you must sign the return. If
use in administering their tax laws. We
transfer will only become effective at the
you pay another person, firm, or
may also disclose this information to other
end of the ETIP. For details, see
corporation to prepare your return, that
countries under a tax treaty, to federal
Transfers Subject to an Estate Tax
person must also sign the return as
and state agencies to enforce federal
Inclusion Period (ETIP), previously, and
preparer unless he or she is your regular
nontax criminal laws, or to federal law
section 2642(f).
full-time employee.
enforcement and intelligence agencies to
Part 3—Tax Computation
combat terrorism.
Third-party designee. If you want to
allow the return preparer (listed on the
We may disclose the information on
You must enter in Part 3 every gift you
bottom of page 1 of Form 709) to discuss
your Form 709 to the Department of the
listed in Part 1 of Schedule C.
your 2010 Form 709 with the IRS, check
Treasury and contractors for tax
Column C
the “Yes” box to the far right of your
administration purposes; and to other
You are not required to allocate your
signature on page 1 of your return.
persons as necessary to obtain
available exemption. You may allocate
information which we cannot get in any
If you check the “Yes” box, you (and
some, all, or none of your available
other way for purposes of determining the
your spouse, if splitting gifts) are
exemption, as you wish, among the gifts
amount of or to collect the tax you owe.
authorizing the IRS to call your return
listed in Part 3 of Schedule C. However,
We may disclose the information on your
preparer to answer questions that may
the total exemption claimed in column C
Form 709 to the Comptroller General to
arise during the processing of your return.
may not exceed the amount you entered
review the Internal Revenue Service. We
You are also authorizing the return
on line 3 of Part 2 of Schedule C.
may also disclose the information on your
preparer of your 2010 Form 709 to:
You may enter an amount in column C
Form 709 to Committees of Congress;
Give the IRS any information that is
that is greater than the amount you
federal, state and local child support
missing from your return,
entered in column B.
agencies; and to other federal agencies
Call the IRS for information about the
for the purpose of determining entitlement
processing of your return or the status of
Column D
for benefits or the eligibility for, and the
your payment(s),
Carry your computation to three decimal
repayment of, loans.
Receive copies of notices or transcripts
places (for example, “1.000”).
related to your return, upon request, and
If you are required to but do not file a
Respond to certain IRS notices about
Form 709, or do not provide the
math errors, offsets, and return
information requested on the form, or
Part 2—Tax Computation
preparation.
provide fraudulent information, you may
(Page 1 of Form 709)
be charged penalties and be subject to
You are not authorizing your return
criminal prosecution.
preparer to receive any refund check, to
Lines 4 and 5
bind you to anything (including any
You are not required to provide the
To compute the tax for the amount on line
additional tax liability), or otherwise
information requested on a form that is
3 (to be entered on line 4) and the tax for
represent you before the IRS. If you want
subject to the Paperwork Reduction Act
the amount on line 2 (to be entered on
to expand the authorization of your return
unless the form displays a valid OMB
line 5), use the Table for Computing Gift
preparer, see Pub. 947, Practice Before
control number. Books or records relating
Tax, later.
the IRS and Power of Attorney.
to a form or its instructions must be
-15-

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