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SECTION 9. ESTATE, GIFT AND

Internal Revenue Bulletin 2004-4 · 2026-10-03 edition · updated 2026-10-04 · United States

TRUST ISSUES

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,
inheritance, legacy or succession taxes by filing a claim within 4 years of filing Form 706,
United States Estate (and Generation Skipping Transfer) Tax Return. (Section 2011 is
amended effective for estates of decedents dying after 12/31/04).
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_.

2004-4 I.R.B. 345 January 26, 2004

Statute or Regulation Act Postponed
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. (Section 2016 is amended effective for estates of decedents dying
after 12/31/04).
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
development 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
cessation 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
information/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). (Section 2053 is amended effective for estates of
decedents dying after 12/31/04).
11. Sec. 2055(e)(3) A party in interest must commence a judicial proceeding to change an interest into a
qualified 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
cessation of qualified use and therefore will not trigger additional estate tax. (The section
2057 election is not available to estates of decedents dying after 12/31/03).
15. Sec. 2057(i)(3)(H) The executor of a decedent’s estate has 90 days after notification of incomplete
information/signatures to provide the information/signatures to the IRS regarding an
election on Form 706 with respect to specially valued property.
16. Sec. 2516 The IRS will treat certain transfers as made for full and adequate consideration in money
or money’s worth where husband and wife enter into a written agreement relative to their
marital and property rights and divorce actually occurs within the 3-year period beginning
on the date 1 year before such agreement is entered into.
17. Sec. 2518(b) 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.

January 26, 2004 346 2004-4 I.R.B.

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