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TREAS/IRS | RIN: 1545-BM97 | Publication ID: Spring 2024 |
Title: Consistent Basis Reporting Between Estate and Person Acquiring Property From Decedent | |
Abstract:
H.R. 3236, Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (Public Law 114-41), was signed 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. Proposed regulations were issued on March 4, 2016. The final regulations will provide less burdensome guidance to taxpayers enabling them to satisfy the requirements of sections 1014(f) and 6035. |
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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 |
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) |
Legal Deadline:
None |
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Timetable:
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Additional Information: REG-127923-15 Drafter attorney: Donna Douglas (202) 317-6859 Reviewer attorneys: Melissa Liquerman, Karlene Lesho, both at (202) 317-6859 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-BM98 | |
Agency Contact: Donna K. Douglas Attorney Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW., Room 4110, Washington, DC 20224 Phone:202 317-4635 Fax:855 591-7866 Email: donna.k.douglas@irscounsel.treas.gov |