Looking for a Irs Forms And Templates? Download it for free!

Form 5495 (Rev. 12-2008)

Page

Information and Instructions

Privacy Act and Paperwork Reduction Act Notice.

We ask for the information on this form to carry out the

General Information

Internal Revenue laws of the United States. We collect

Ordinarily, the IRS has 3 years after an income tax, gift

this information under the authority of Internal Revenue

tax, or estate tax return has been filed to assess tax

Code sections 2204 and 6905. We need it to ensure

and demand payment of any deficiency. The executor

that you are complying with these laws and to allow us

representing a decedent’s estate or a fiduciary of a

to figure and collect the right amount of tax. This

decedent’s trust may request a discharge from

information is needed to determine eligibility for the

personal liability for the decedent’s income, gift, and

requested discharge from personal liability. You are not

estate taxes. Nine months, or 6 months in the case of

required to request discharge from personal liability;

a fiduciary’s request, after the IRS’s receipt of the

however, if you do so you are required to provide the

request for discharge or the earlier payment of any

information requested on this form. Failure to provide

amount determined by the IRS to be owed, the

the information may delay or prevent processing your

executor or fiduciary will be discharged from personal

request; providing false information may subject you to

liability for any deficiency in such tax thereafter found

penalties. Section 6109 requires you to provide the

to be due. In certain instances where the date for

requested taxpayer identification numbers.

payment of the estate tax has been extended, the IRS

You are not required to provide the information

may require a bond as a condition for discharge.

requested on a form that is subject to the Paperwork

An executor means the executor or administrator of

Reduction Act unless the form displays a valid OMB

a decedent, who was appointed, qualified, and acting

control number. Books or records relating to a form or

within the United States.

its instructions must be retained as long as their

contents may become material in the administration of

When To File

any Internal Revenue law. Generally, tax returns and

Do not file Form 5495 requesting a discharge from

return information are confidential, as required by

income or gift tax liability until after you file the tax

section 6103. However, section 6103 allows or requires

returns listed on the front of this form. If you are

the Internal Revenue Service to disclose or give such

requesting a discharge from personal liability for the

information to the Department of Justice for civil and

estate tax, you may attach this form to Form 706,

criminal litigation; to cities, states, the District of

United States Estate (and Generation-Skipping

Columbia, and U.S. commonwealths and possessions

Transfer) Tax Return, or you may file this form any time

to administer their tax laws; and to other countries

during the 3-year period following the date the Form

under a tax treaty. We may also disclose this

706 is filed. You must submit a separate request for

information to federal and state agencies to enforce

discharge from personal liability for any tax returns

federal nontax criminal laws, or to federal law

filed after this Form 5495.

enforcement and intelligence agencies to combat

terrorism.

Where To File

The time needed to complete and file this form and

Send your request to the Internal Revenue Service

related schedules will vary depending on individual

Center where you filed the returns listed on the front of

circumstances. The estimated average times are:

this form. If you are requesting taxes reported on

Recordkeeping

5 hr., 30 min.

multiple returns filed at different Service Centers, you

must mail separate Forms 5495 to each Service Center

Learning about the law

to receive a discharge from liability for each type of

or the form

1 hr., 30 min.

tax. If an estate tax return was filed, file Form 5495 for

Preparing the form

4 hr., 27 min.

all taxes at the address where the estate tax return

was filed.

Copying, assembling, and

sending the form to the IRS

48 min.

What To File

If you have comments concerning the accuracy of

This Form 5495 provides spaces for all information

these time estimates or suggestions for making this

required to process a request for discharge from

form simpler, we would be happy to hear from you.

personal liability under IRC section 2204 or 6905.

You can write to the Internal Revenue Service, Tax

Attach to your request the information and

Products Coordinating Committee,

documentation requested on Form 5495. If you are

SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW,

submitting this request with your estate tax return, you

IR-6526, Washington, DC 20224. Do not send the tax

will not be required to provide an additional copy. If,

form to this address. Instead, see Where To File.

however, this form is filed after Form 706, then a copy

of pages 1–3 and Schedules A through I of Form 706

must be attached. If you are a fiduciary requesting

discharge from personal liability under section 2204,

check the “Other” box and include a copy of the trust

instrument(s), a list of assets transferred from this

decedent to the trust, and any other relevant

information. If you prefer to use your own format, your

written request must list the same information as

requested on this form and include the applicable

attachments.

Form 5495 - Request For Discharge From Personal Liability Under Internal Revenue Code Section 2204 Or 6905 - Information And Instructions

Related Articles

Related forms

Related Categories