Form 8855 - Election To Treat A Qualified Revocable Trust As Part Of An Estate Page 4
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Form 8855 (1-2009)
Page
Employer Identification
When to file an amended election. File
Caution: A QRT must get a new EIN
an amended Form 8855 within 90 days
following the death of the decedent.
Numbers
of the appointment of the executor.
In the space for Employer
The trustee of a QRT must obtain a new
Correction of returns. See the
identification number, be sure to enter
employer identification number (EIN) for
Instructions for Form 1041 and
the new EIN obtained for the trust after
Regulations section 1.645-1 for
the decedent’s death.
the QRT upon the death of the
information on amending the previously
decedent. Parts I and III require that a
Space is provided for two QRTs. If
trustee enter the EIN obtained by the
filed returns.
more than two QRTs are joining in the
trustee following the death of the
election than space provided, use
Other Information
decedent. See Regulations section
additional Part IIIs. If additional pages of
301.6109-1.
For additional information about the
Part III are attached, the executor (or
reporting rules for a QRT, an electing
filing trustee) should indicate on the top
Retention of Copy of
trust, or a former electing trust, or
of the first page of Part III how many
Form 8855
information about when it is necessary
additional pages are attached and the
to obtain a new EIN, see the Instructions
total number of QRTs joining in the
The executor of the related estate, if
for Form 1041 and Regulations section
election.
any, and the trustee of each electing
1.645-1.
trust must retain a copy of the
completed Form 8855 (and any
Paperwork Reduction Act Notice. We
Specific Instructions
amended Form 8855 required to be
ask for the information on this form to
filed) and retain proof that the Form
Part I
carry out the Internal Revenue laws of
8855 was timely filed.
the United States. You are required to
The executor of the related estate
give us the information. We need it to
Tax Treatment
completes the information requested in
ensure that you are complying with
this part and attests to the making of
these laws and to allow us to figure and
During the election period, all electing
this election and the conditions for a
collect the right amount of tax.
trusts and the related estate, if any, file
valid section 645 election by signing
one combined income tax return. For
You are not required to provide the
(under penalties of perjury) and dating
purposes of that return, the electing
information requested on a form that is
the form in the space provided.
trusts and the related estate are treated
subject to the Paperwork Reduction Act
If there is no executor, the filing trustee
as one estate. For example, the electing
unless the form displays a valid OMB
completes the information and attests to
trust(s) are treated as part of the estate
control number. Books or records
the making of this election and the
for purposes of adopting a tax year, for
relating to a form or its instructions must
conditions for a valid section 645
determining whether estimated tax
be retained as long as their contents
election by signing (under penalties of
payments are required, the set-aside
may become material in the
perjury) and dating the form in the space
deduction under section 642(c)(2), the S
administration of any Internal Revenue
provided.
corporation shareholder requirements of
law. Generally, tax returns and return
The executor must obtain an EIN for
section 1361(b)(1), and the special
information are confidential, as required
the estate prior to filing this election. A
allowance for rental real estate activities
by section 6103.
filing trustee must enter the new EIN
under section 469(i)(4).
The time needed to complete and file
obtained for the trust after the
Note, however, that each electing trust
this form will vary depending on
decedent’s death in the space for
and the related estate are treated as a
individual circumstances. The estimated
Employer identification number in Part I.
separate share for purposes of the
average time is:
If you have a foreign address, enter
separate share rules under section
Recordkeeping
3 hr., 21 min.
663(c) when the combined entity
the information in the following order:
Learning about
City, province or state, and country.
computes distributable net income and
the law or the form
1 hr., 5 min.
Follow the country’s practice for entering
applies the distribution rules.
Preparing, copying,
the postal code. Do not abbreviate the
Amended Election Needed
assembling, and
country name.
sending the form
When an Executor Is
Part II
to the IRS
1 hr., 11 min.
Appointed After a Valid
If you have comments concerning the
The executor (or filing trustee if there is
Election Is Made
accuracy of these time estimates or
no executor) completes this section.
suggestions for making this form
If Form 8855 was filed by the filing
Part III
simpler, we would be happy to hear
trustee because there was no executor
from you. You can write to the Internal
and an executor is subsequently
The trustee for each QRT that is joining
Revenue Service, Tax Products
appointed, an amended election must
in the election completes the information
Coordinating Committee,
be timely made. Otherwise, the election
requested in this part and attests to the
SE:W:CAR:MP:T:T:SP, 1111 Constitution
period terminates the day before the
making of this election and the
Ave. NW, IR-6526, Washington, DC
executor is appointed.
conditions for a valid section 645
20224. Do not send the tax form to this
How to make an amended election.
election by signing (under penalties of
address. Instead, see Where To File on
The executor and the trustees of each
perjury) and dating the form in the space
page 3.
electing trust complete and file a new
provided.
Form 8855 and write “AMENDED
ELECTION” at the top of the form.
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