Tax
Portability and Form 706
基本的な説明
Portability can allow a surviving spouse to use a deceased spouse's unused federal exclusion, but the deceased spouse's estate generally must make a valid election on Form 706 or qualify for available relief.
- A federal election that states may not follow
- Portability is a federal election; state treatment may differ.
- The GST exemption does not port
- It does not port the deceased spouse's GST exemption.
- Remarriage can change which exclusion is available
- Remarriage and the identity of the last deceased spouse can matter.
- Even a nontaxable estate faces a filing decision
- A portability filing requires a deliberate deadline and documentation decision even for a nontaxable estate.
The four parts of a working plan
- People Identify the owner, decision-makers, fiduciaries, and beneficiaries.
- Property Map title, contract rights, debts, tax attributes, and practical access.
- Documents Coordinate wills, trusts, powers, directives, and beneficiary forms.
- Review Revisit the plan after life, ownership, law, tax, or relationship changes.
さらに深く学ぶ
Portability lets a surviving spouse add a deceased spouse's unused exclusion to their own, but only if the first estate makes the election. The sections below cover the filing, its limits and how remarriage affects it.
検討することが多い人
Widows and widowers, executors of a first spouse's estate that owes no tax, and couples comparing a bypass trust with portability.
Tax lens
The election is made on a timely filed Form 706, and the IRS offers simplified late-election relief within five years of death for estates not otherwise required to file (Rev. Proc. 2022-32). The ported amount is fixed at the first death and is not indexed for inflation, and GST exemption does not port.
に関する質問 Portability and Form 706
Does state law matter?
Usually. Document execution, probate, spousal rights, creditor rules, trust administration, and state tax treatment can vary by jurisdiction.
What should be verified before acting?
Verify the current governing instrument, title and beneficiary records, applicable state law, current tax year, primary authority, and advice from appropriately qualified professionals.
Sources
- IRS Form 706 and instructionsInternal Revenue Service · United States—federal
- Internal Revenue Code, estate and gift tax subtitleU.S. House Office of the Law Revision Counsel · United States—federal
情報源は見直し日時点における一般的な教育的内容を裏付けるものです。公式資料は変更される場合があり、情報源へのリンクは個別事情に基づく専門家の分析に代わるものではありません。 法律・税務・投資・会計に関するアドバイスではありません。