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before its repeal by the Tax Reform Act

decedent for estate tax purposes, and

to a reversionary or remainder interest.

of 1976) for gifts made by the decedent

you should file Form 706-NA. If such a

These elections are made by checking

after September 8, 1976; and

decedent became a U.S. citizen wholly

lines 3 and 4 (respectively) of Part

3. The decedent’s gross estate

independently of his or her connection

3 — Elections by the Executor, and

valued at the date of death.

with a possession, then the decedent is

attaching the required statements.

considered a U.S. citizen for estate tax

If the tax paid with the return is

purposes, and you should file Form

Gross Estate

different from the balance due as

706.

figured on the return, explain the

The gross estate includes all property in

which the decedent had an interest

difference in an attached statement. If

Executor

(including real property outside the

you have made prior payments to the

The term “executor” means the

IRS, attach a statement to Form 706

United States). It also includes:

•

executor, personal representative, or

Certain transfers made during the

including these facts.

administrator of the decedent’s estate.

decedent’s life without an adequate and

Paying by check. Make the check

If none of these is appointed, qualified,

full consideration in money or money’s

payable to the “United States

and acting in the United States, every

worth,

Treasury.” Please write the decedent’s

•

person in actual or constructive

Annuities,

name, social security number, and

•

possession of any property of the

The includible portion of joint estates

“Form 706” on the check to assist us in

decedent is considered an executor

with right of survivorship (see the

posting it to the proper account.

and must file a return.

instructions on the back of Schedule E),

•

The includible portion of tenancies by

Signature and Verification

When To File

the entirety (see the instructions on the

back of Schedule E),

You must file Form 706 to report estate

•

If there is more than one

Certain life insurance proceeds (even

and/or generation-skipping transfer tax

executor, all listed executors are

though payable to beneficiaries other

within 9 months after the date of the

responsible for the return.

CAUTION

than the estate) (see the instructions on

decedent’s death unless you receive an

However, it is sufficient for only one of

the back of Schedule D),

extension of time to file. Use Form

•

the co-executors to sign the return.

Property over which the decedent

4768, Application for Extension of Time

possessed a general power of

All executors are responsible for the

To File a Return and/or Pay U.S. Estate

appointment,

return as filed and are liable for

(and Generation-Skipping Transfer)

•

Dower or curtesy (or statutory estate)

penalties provided for erroneous or

Taxes, to apply for an automatic

of the surviving spouse, and

false returns.

6-month extension of time to file.

•

Community property to the extent of

Private delivery services. You can

If two or more persons are liable for

the decedent’s interest as defined by

use certain private delivery services

filing the return, they should all join

applicable law.

designated by the IRS to meet the

together in filing one complete return.

For more specific information, see

“timely mailing as timely filing/paying”

However, if they are unable to join in

the instructions for Schedules A

rule for tax returns and payments.

making one complete return, each is

through I.

These private delivery services include

required to file a return disclosing all

only the following.

the information the person has in the

U. S. Citizens or Residents;

•

DHL Express (DHL): DHL Same Day

case, including the name of every

Nonresident Noncitizens

Service, DHL Next Day 10:30 am, DHL

person holding an interest in the

Next Day 12:00 pm, DHL Next Day

File Form 706 for the estates of

property and a full description of the

decedents who were either U.S.

3:00 pm, and DHL 2nd Day Service.

property. If the appointed, qualified, and

•

Federal Express (FedEx): FedEx

citizens or U.S. residents at the time of

acting executor is unable to make a

death. For estate tax purposes, a

Priority Overnight, FedEx Standard

complete return, then every person

resident is someone who had a

Overnight, FedEx 2Day, FedEx

holding an interest in the property must,

International Priority, FedEx

domicile in the United States at the time

on notice from the IRS, make a return

of death. A person acquires a domicile

International First.

regarding that interest.

•

by living in a place for even a brief

United Parcel Service (UPS): UPS

The executor who files the return

Next Day Air, UPS Next Day Air Saver,

period of time, as long as the person

must, in every case, sign the

had no intention of moving from that

UPS 2nd Day Air, UPS 2nd Day Air

declaration on page 1 under penalties

place.

A.M., UPS Worldwide Express Plus,

of perjury.

and UPS Worldwide Express.

File Form 706-NA, United States

Generally, anyone who is paid to

Estate (and Generation-Skipping

The private delivery service can tell

prepare the return must sign the return

Transfer) Tax Return, Estate of

you how to get written proof of the

in the space provided and fill in the

nonresident not a citizen of the United

mailing date.

“Paid Preparer’s Use Only” area. See

States, for the estates of nonresident

section 7701(a)(36)(B) for exceptions.

Where To File

alien decedents (decedents who were

neither U.S. citizens nor residents at

In addition to signing and completing

File Form 706 at the following address:

the time of death).

the required information, the paid

Department of the Treasury

preparer must give a copy of the

Residents of U. S.

Internal Revenue Service Center

completed return to the executor.

Possessions

Cincinnati, OH 45999

Note. A paid preparer may sign

All references to citizens of the United

original or amended returns by rubber

Paying the Tax

States are subject to the provisions of

stamp, mechanical device, or computer

sections 2208 and 2209, relating to

The estate and GST taxes are due

software program.

decedents who were U.S. citizens and

within 9 months after the date of the

residents of a U.S. possession on the

decedent’s death unless an extension

Amending Form 706

date of death. If such a decedent

of time for payment has been granted,

became a U.S. citizen only because of

or unless you have been granted an

If you find that you must change

his or her connection with a

election under section 6166 to pay in

something on a return that has already

possession, then the decedent is

installments, or under section 6163 to

been filed, you should:

•

considered a nonresident alien

postpone the part of the tax attributable

File another Form 706;

-2-

General Instructions

Instructions For Form 706 - United States Estate (And Generation-Skipping Transfer) Tax Return - 2008 Page 2

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