Estate and Inheritance Tax Return Engagement Letter - 706

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Multi-State
Control #:
US-01955BG
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Word
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Description

The number 706 refers to Form 706 which is used to file the United States Estate (and Generation-Skipping Transfer) Tax Return. Generally, a contract to employ a certified public accountant need not be in writing. However, such contracts often call for services of a highly complex and technical nature, and hence they should be explicit in their terms, and they should be in writing. In particular, a written employment contract is necessary in order to avoid misunderstanding with the employer regarding the amount of the accountant's fee or compensation and the nature of its computation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Key Concepts & Definitions

Estate and Inheritance Tax Return Engagement: This refers to the process and documentation involved when a tax professional is hired to manage and file the estate and inheritance taxes for a deceased individual's estate.

Gross Estate Tax: Tax on the total market value of a person's assets at the time of their death, before liabilities are subtracted.

Decedent Date of Death: The official date when an individual passed away, which is crucial for legal and tax purposes.

Employer Identification Number (EIN): A unique number assigned to an entity (such as an estate) for tax filing and reporting purposes.

Step-by-Step Guide to Filing an Estate and Inheritance Tax Return

  1. Obtain EIN: Immediately after the estate holders passing, apply for an Employer Identification Number (EIN) which will be used for tax purposes.
  2. Assess the Estate Value: Calculate the gross estate value by summing up all the assets. This includes real estate, stocks, and other personal properties.
  3. Determine Deductible Debts: Subtract any debts and administration costs to find the taxable estate value.
  4. File Tax Returns: Depending on the total estate value, file the necessary forms for both federal and state taxes within the United States taxes guidelines.
  5. Return Engagement Letter: Issue a letter that specifies the scope of engagement between the tax professional and the estate representative.

Risk Analysis

When dealing with estate and inheritance tax filings, significant risks include underestimation of the estate value, improper filing of taxes due to a misunderstanding of tax laws, and missed deadlines which can lead to severe penalties. Consulting with professional trust management services is advised to mitigate these risks.

Best Practices

  • Documentation: Ensure thorough documentation of all assets and debts as proof of values reported on the tax return.
  • Professional Guidance: Hire professionals experienced with estate inheritance tax and trust management services.
  • Adherence to Deadlines: Be vigilant about filing deadlines set by both state and federal tax authorities to avoid penalties.

Common Mistakes & How to Avoid Them

  • Misjudging Tax Liability: Always use professional appraisal services for accurate valuation of complex assets.
  • Delay in Obtaining EIN: Apply for an EIN as soon as possible post the decedent's date of death to avoid any filing delays.
  • Neglecting State Tax Laws: Understand that states may have different tax laws and ensure compliance accordingly.

FAQ

  • What is a gross estate? It is the total value of an individuals property and assets before liabilities at the time of death.
  • How do trusts affect estate taxes? Properly structured trusts might help in reducing estate tax liabilities by excluding some assets from the taxable estate.
  • What happens if an estate tax return is filed late? Late filings can result in penalties and interest charges on the due taxes.

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FAQ

Generally, the estate tax return is due nine months after the date of death. A six month extension is available if requested prior to the due date and the estimated correct amount of tax is paid before the due date.

For those who wish to continue to receive estate tax closing letters, estates and their authorized representatives may call the IRS at (866) 699-4083 to request an estate tax closing letter no earlier than four months after the filing of the estate tax return.

The executor of a decedent's estate uses Form 706 to figure the estate tax imposed by Chapter 11 of the Internal Revenue Code. Form 706 is also used to compute the generation-skipping transfer (GST) tax imposed by Chapter 13 on direct skips.

When an Estate Can Expect a Tax Closing Letter According to the IRS website, heirs can expect a closing letter within four to six months from the date Form 706 is filed. But this is if the return is without errors or special circumstances.

Statute of Limitations For all three of the above returns, the IRS generally has three years from the date the returns were filed to audit the returns.

If a deceased person owes taxes in any years prior to his or her death, the IRS may pursue the collection of these taxes from the estate. According to the Internal Revenue Code, the Collection Statute Expiration Date (CSED) for taxes owed is 10 years after the date that a tax liability was assessed.

Form 706 must generally be filed along with any tax due within nine months of the decedent's date of death.

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Estate and Inheritance Tax Return Engagement Letter - 706