Form 8855 - Election To Treat A Qualified Revocable Trust As Part Of An Estate Page 3
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Form 8855 (1-2009)
Page
General Instructions
1040-NR, if applicable) due for the
When To File
combined electing trust(s) for each tax
File the election by the due date
Section references are to the Internal
year during the election period and has
(including extensions, if any) of the Form
Revenue Code unless otherwise noted.
agreed to accept that responsibility. If
1041 (or Form 1040-NR, if applicable)
there is no executor and there is only
Purpose
for the first tax year of the related estate
one QRT making the section 645
(or the filing trust). This applies even if
The trustees of each qualified revocable
election, the trustee of that electing trust
the combined related estate and electing
trust (QRT) and the executor of the
is the filing trustee.
trust(s) do not have sufficient income to
related estate, if any, use Form 8855 to
A filing trust is an electing trust whose
be required to file Form 1041.
make a section 645 election. This
trustee was appointed as the filing
election allows a QRT to be treated and
In general, the due date for the first
trustee by all electing trust(s) if there is
income tax return is the 15th day of the
taxed (for income tax purposes) as part
no executor. If there is no executor and
4th month after the close of the first tax
of its related estate during the election
only one QRT is making the election,
year of the related estate. For
period. Once the election is made, it
that QRT is the filing trust.
cannot be revoked.
exceptions, see Regulations section
Election Period
1.6072-1(c). For the purpose of
Definitions
determining the tax year if there is no
The election period is the period of time
executor, treat the filing trust as an
A QRT is any trust (or part of a trust)
during which an electing trust is treated
estate. If the estate is granted an
that, on the day the decedent died, was
and taxed as part of its related estate.
extension of time to file its income tax
treated as owned by the decedent under
The election period begins on the date
return for its first tax year, the due date
section 676 by reason of a power to
of the decedent’s death and terminates
of the Form 8855 is the extended due
revoke that was exercisable by the
on the earlier of:
date.
decedent (determined without regard to
The day on which each electing trust
For instructions on when to file an
section 672(e)).
and the related estate, if any, have
amended election, see Amended
For this purpose, a QRT includes a
distributed all of their assets or
Election Needed When an Executor Is
trust that was treated as owned by the
The day before the applicable date.
Appointed After a Valid Election Is Made
decedent under section 676 by reason
on page 4.
Applicable date. To determine the
of a power to revoke that was
applicable date, you must first determine
exercisable by the decedent with the
Where To File
whether a Form 706, United States
consent or approval of a nonadverse
Estate (and Generation-Skipping
party or the decedent’s spouse.
IF you are
THEN send the election
Transfer) Tax Return, is required to be
However, a QRT does not include a trust
located in . . .
to the . . .
filed as a result of the decedent’s death.
that was treated as owned by the
Connecticut, Delaware,
decedent under section 676 by reason
IS a Form 706
THEN the
District of Columbia,
of a power to revoke that was
required?
applicable date is...
Georgia, Illinois, Indiana,
exercisable solely by a nonadverse party
Kentucky, Maine,
Yes
The later of:
or the decedent’s spouse and not by the
Maryland,
2 years after the date of
Department of the Treasury
Massachusetts,
decedent.
the decedent’s death or
Internal Revenue Service Center
Michigan, New
6 months after the final
An electing trust is a QRT for which a
Cincinnati, OH 45999
Hampshire,
determination of liability
valid section 645 election has been
New Jersey, New York,
for estate tax.
North Carolina, Ohio,
made. Once the QRT makes the
No
2 years after the date of the
Pennsylvania, Rhode
election, it is treated as an electing trust
decedent’s death.
Island, South Carolina,
throughout the entire election period.
Tennessee, Vermont,
Final determination of liability. For
Virginia, West Virginia,
An executor is an executor, personal
purposes of this election only, the date
Wisconsin
representative, or administrator that has
of final determination of liability for the
obtained letters of appointment to
estate tax is the earliest of:
Alabama, Alaska,
administer the decedent’s estate through
Arizona, Arkansas,
6 months after the IRS issues an
formal or informal appointment
California, Colorado,
estate tax closing letter (unless a claim
procedures. For purposes of this
Florida, Hawaii, Idaho,
for refund of estate tax is filed within 12
Iowa, Kansas,
election, an executor does not include a
Louisiana, Minnesota,
months after the letter is issued);
person that has actual or constructive
Department of the Treasury
Mississippi, Missouri,
possession of property of the decedent
The final disposition of a claim for
Internal Revenue Service Center
Montana, Nebraska,
Ogden, UT 84201
unless that person is appointed or
refund that resolves the liability for the
Nevada, New Mexico,
North Dakota,
estate tax (unless suit is instituted within
qualified as an executor, administrator,
Oklahoma, Oregon,
or personal representative. If more than
6 months after a final disposition of the
South Dakota, Texas,
one jurisdiction has appointed an
claim);
Utah, Washington,
executor, then, for purposes of this
Wyoming
The execution of a settlement
election, only the person from the
agreement with the IRS that determines
A foreign country or a
primary or domiciliary proceeding is the
the liability for the estate tax;
U.S. possession
executor.
The issuance of a decision, judgment,
A related estate is the estate of the
decree, or other order by a court of
Who Must Sign
decedent who was treated as the owner
competent jurisdiction resolving the
of the QRT on the date of the
liability for the estate tax (unless a notice
If there is more than one executor for a
decedent’s death.
of appeal or a petition for certiorari is
related estate or more than one trustee
A filing trustee is the trustee of an
filed within 90 days after the issuance of
for an electing trust, only one executor
electing trust who, when there is no
a decision, judgment, decree, or other
or trustee must sign Form 8855 on
executor, has been appointed by the
order of a court); or
behalf of the entity, unless otherwise
trustees of each of the other electing
required by applicable local law or the
The expiration of the period of
trusts to file the Forms 1041 (or
governing document.
limitations for the estate tax.
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