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|TREAS/IRS||RIN: 1545-BM98||Publication ID: Fall 2016|
|Title: Consistent Basis Reporting Between Estate and Person Acquiring Property From Decedent (Temporary)|
On July 31, 2015, the President of the United States signed H.R. 3236, Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (Public Law 114-41), into law. Section 2004 of H.R. 3236 enacted sections 1014(f) and 6035. Section 1014(f) provides rules requiring that the basis of certain property acquired from a decedent, as determined under section 1014, may not exceed the value of that property as finally determined for Federal estate tax purposes, or if not finally determined, the value of that property as reported on a statement made under section 6035.
Section 6035 imposes new reporting requirements with regard to the value of property included in a decedent’s gross estate for federal estate tax purposes.
Section 6035(a)(1) provides that the executor of any estate required to file a return under section 6018(a) must furnish, both to the Secretary and the person acquiring any interest in property included in the decedent’s gross estate for federal estate tax purposes, a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.
Section 6035(a)(2) provides that each person required to file a return under section 6018(b) must furnish, both to the Secretary and each other person who holds a legal or beneficial interest in the property to which such return relates, a statement identifying the information described in section 6035(a)(1).
Section 6035(a)(3)(A) provides that each statement required to be furnished under section 6035(a)(1) or (a)(2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of (i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any) or (ii) the date which is 30 days after the date such return is filed.
These regulations will provide guidance to taxpayers enabling them to satisfy the requirements of sections 1014(f) and 6035.
|Agency: Department of the Treasury(TREAS)||Priority: Substantive, Nonsignificant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Final Rule Stage|
|Major: No||Unfunded Mandates: No|
|EO 13771 Designation: uncollected|
|CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)|
|Legal Authority: 26 U.S.C. 7805 26 U.S.C. 1014(f) 26 U.S.C. 6035(b)|
|Additional Information: REG-127923-15 (Temp) Drafting attorney: Theresa Melchiorre (202) 317-4643 Reviewing attorney: Melissa Liquerman (202) 317-4629 Treasury attorney: Catherine Hughes (202) 622-9407 CC:PSI|
|Regulatory Flexibility Analysis Required: No||Government Levels Affected: None|
|Small Entities Affected: No||Federalism: No|
|Included in the Regulatory Plan: No|
|RIN Data Printed in the FR: No|
|Related RINs: Related to 1545-BM97|
Theresa M. Melchiorre
General Attorney (Tax)
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW., Room 4115,
Washington, DC 20224