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SECTION 9. ESTATE, GIFT AND TRUST ISSUES

Internal Revenue Bulletin 2001-47 · 2026-10-03 edition · updated 2026-10-04 · United States

Statute or
Regulation
Act Postponed
1.

Sec. 643(g)
The trustee may elect to treat certain payments of estimated tax as paid by the beneficiary.
The election shall be made on or before the 65th day after the close of the taxable year of
the trust.
2.
Sec. 2011(c)
The executor of a decedent’s estate must file a claim for a credit for state estate, inheri-
tance, legacy or succession taxes by filing a claim within 4 years of filing Form 706,
United States Estate (and Generation Skipping Transfer) Tax Return.
3.
Sec. 2014(e)
The executor of a decedent’s estate must file a claim for foreign death taxes within 4 years
of filing Form 706, United States Estate (and Generation Skipping Transfer) Tax Return.
4.
Sec. 2016
and
Treas. Reg.
§ 20.2016-1
If an executor of a decedent’s estate (or any other person) receives a refund of any state or
foreign death taxes claimed as a credit on Form 706, the IRS must be notified within 30
days of receipt.
5.

Sec. 2031(c)
If an executor of a decedent’s estate elects on Form 706 to exclude a portion of the value of
land that is subject to a qualified conservation easement, agreements relating to develop-
ment rights must be implemented within 2 years after the date of the decedent’s death.
6.
Sec. 2032(d)
The executor of a decedent’s estate may elect an alternate valuation on a late filed Form
706 if the Form 706 is not filed later than 1 year after the due date.
7.
Sec.
2032A(c)(7)
A qualified heir, with respect to specially valued property, is provided a two-year grace
period immediately following the date of the decedent’s death in which the failure by the
qualified heir to begin using the property in a qualified use will not be considered a cessa-
tion of qualified use and therefore will not trigger additional estate tax.
8.
Sec.
2032A(d)(3)

The executor of a decedent’s estate has 90 days after notification of incomplete informa-
tion/signatures to provide the information/signatures to the IRS regarding an election on
Form 706 with respect to specially valued property.
9.
Sec. 2046
A taxpayer may make a qualified disclaimer no later than 9 months after the date on which
the transfer creating the interest is made, or the date the person attains age 21.
10.
Sec. 2053(d)
and Treas.
Reg.
§§ 20.2053-
9(c) and 10(c)
If the executor of a decedent’s estate elects to take a deduction for state and foreign death
tax imposed upon a transfer for charitable or other uses, the executor must file a written
notification to that effect with the IRS before expiration of the period of limitations on
assessments (generally 3 years).
11.

Sec.
2055(e)(3)
A party in interest must commence a judicial proceeding to change an interest into a quali-
fied interest no later than the 90th day after the estate tax return (Form 706) is required to
be filed or, if no return is required, the last date for filing the income tax return for the first
taxable year of the trust.
12.
Sec. 2056(d)

A qualified domestic trust (QDOT) election must be made on Form 706, Schedule M, and
the property must be transferred to the trust before the date on which the return is made.
Any reformation to determine if a trust is a QDOT requires that the judicial proceeding be
commenced on or before the due date for filing the return.
13.
Sec.
2056A(b)(2)

The trustee of a QDOT must file a claim for refund of excess tax no later than 1 year after
the date of final determination of the decedent’s estate tax liability.
14.
Sec.
2057(i)(3)(G)

A qualified heir, with respect to qualified family owned business, has a two-year grace
period immediately following the date of the decedent’s death in which the failure by the
qualified heir to begin using the property in a qualified use will not be considered a cessa-
tion of qualified use and therefore will not trigger additional estate tax.

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