Billy Thomas, CPA

In recent years, congress has enacted various tax laws to increase the accurate reporting of tax basis. These laws have extended to individuals, financial institutions, and most recently executors (e.g. – personal representatives, and trustees). With the Surface Transportation Act of 2015, executors of estates required to file an estate tax return must now separately provide to the receiving beneficiaries as well as the IRS the estate’s claimed tax value of all property included in the decedent’s estate that was or will be distributed..

This new law became effective for estate tax returns filed after July 31, 2015. The due date for the separate reporting of the estate tax value of property is 30 days after the earlier of the date of which a return was filed or required to be filed (including extensions). However, shortly after the Act was passed, the IRS issued Notice 2015-57, which provided a delay for filing until February 29, 2016. The Notice is intended to allow the IRS sufficient time to provide guidance on ‘how’ executors can best report the estate tax value to the IRS and the inheriting beneficiaries.

While penalties can be assessed for non-compliance and the deadline is fast approaching, the IRS has not issued any guidance to date. Stay tuned for the IRS prescribed method on how to report the estate tax value of property to beneficiaries.