Instructions For Form 706-Na - United States Estate (And Generation-Skipping Transfer) Tax Return - 1993

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instructions for and then to answer
Department of the Treasury
Question 6 of Part III.
Internal Revenue Service
Who Must File
Instructions for Form 706-NA
The executor must file Form 706-NA if
the date of death value of the
decedent’s gross estate located in the
(Revised March 1993)
United States under Internal Revenue
Code situs rules exceeds the filing limit.
The filing limit is $60,000 reduced by the
United States Estate (and Generation-Skipping
sum of: (1) the gift tax specific
Transfer) Tax Return
exemption (section 2521) allowed with
respect to gifts made between
Estate of nonresident not a citizen of the United States
September 9, 1976, and December 31,
Caution: Use this revision of the instructions only for the estates of decedents
1976, inclusive, and (2) the total taxable
dying after December 31, 1992.
gifts made after December 31, 1976,
that are not included in the gross estate.
Section references are to the Inter nal Revenue Code unless otherwise noted.
The executor must also file if the
decedent died with an excess retirement
Paperwork Reduction Act Notice.—We
Item To Note
accumulation as computed on Schedule
ask for the information on this form to
S of Form 706. This is true regardless of
Effective Date.—Because of changes in
carry out the Internal Revenue laws of
whether any regular estate tax is due.
the law, you can only use this revision of
the United States. You are required to
The executor is the personal
the Instructions for Form 706-NA for the
give us the information. We need it to
representative, executor, executrix,
estates of decedents dying after
ensure that you are complying with
administrator, or administratrix of the
December 31, 1992. For decedents
these laws and to allow us to figure and
deceased person’s estate. If no executor
dying before January 1, 1993, you must
collect the right amount of tax.
is appointed, qualified, and acting in the
use the May 1990 revision of the
The time needed to complete and file
United States, every person in actual or
instructions.
this form will vary depending on
constructive possession of any of the
You may use the March 1993 revision
individual circumstances. The estimated
decedent’s property must file a return. If
of the form for estates of decedents
average time is:
more than one person must file, it is
dying after November 10, 1988.
preferable that they join in filing one
Recordkeeping
1 hr., 38 min.
complete return. Otherwise, each must
Learning about the
General Instructions
file as complete a return as possible,
law or the form
30 min.
including a full description of the
Purpose of Form
property and each person’s name who
Preparing the form
1 hr., 46 min.
holds an interest in it.
Copying, assembling, and
Form 706-NA is used to compute estate
sending the form to the IRS
41 min.
and generation-skipping transfer (GST)
When and Where To File
tax liability for nonresident alien
If you have comments concerning the
decedents. The estate tax is imposed on
accuracy of these time estimates or
File Form 706-NA within 9 months after
the transfer of the decedent’s taxable
the date of death unless an extension of
suggestions for making this form more
estate, rather than on the receipt of any
time to file was granted. In that case,
simple, we would be happy to hear from
part of it.
attach a copy of the approved Form
you. You can write to both the Internal
4768, Application for Extension of Time
Revenue Service, Washington, DC
If you need tax information not in
to File U.S. Estate (and
20224, Attention: IRS Reports Clearance
these instructions, get Pub. 448, Federal
Generation-Skipping Transfer) Tax
Officer, T:FP; and the Office of
Estate and Gift Taxes. For information
Return and/or Pay Estate (and
Management and Budget, Paperwork
about transfer certificates for U.S.
Reduction Project (1545-0531),
Generation-Skipping Transfer) Tax.
assets, write to the Internal Revenue
Washington, DC 20503. DO NOT send
Service, Assistant Commissioner
Send Form 706-NA to the Internal
the tax form to either of these offices.
(International), 950 L’Enfant Plaza, SW,
Revenue Service Center, Philadelphia,
Instead, see When and Where To File
Washington, DC 20024.
PA 19255.
below.
Form 706.—In order to complete this
Definitions
Penalties
return, you must obtain Form 706,
The following terms are used often in
The law provides for penalties for both
United States Estate (and
these instructions:
late filing of returns and late payment of
Generation-Skipping Transfer) Tax
tax unless there is reasonable cause for
1. The United States means the 50
Return, and its separate instructions.
the delay. There are also penalties for
States and the District of Columbia.
You must attach schedules from Form
valuation understatements that cause an
706 if you intend to claim a marital
2. A nonresident alien decedent
underpayment of tax and for a willful
deduction, a charitable deduction, or a
means a decedent who is neither
attempt to evade or defeat payment of
credit for tax on prior transfers, or if you
domiciled in nor a citizen of the United
tax.
answer “Yes” to question 5, 7, 8, 9, or
States at the time of death. For
11 in Part III. You will need the
purposes of this form, a citizen of a U.S.
Death Tax Treaties
instructions to Form 706 to explain how
possession is not a U.S. citizen.
to value stocks and bonds. Make sure
3. A U.S. expatriate is one who lost
Death tax treaties are in effect with the
that you obtain the revision of Form 706
U.S. citizenship within 10 years before
following countries:
that is applicable for the date of the
the date of death, and for whom it is
decedent’s death.
reasonable to assume that a main
purpose in doing so was to avoid U.S.
taxes. The executor has the burden of
proving otherwise. Be sure to see the
Cat. No. 63118N

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