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#7
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| phughes200[at]hotmail.com wrote: - quote - > I need to file a gift return for 2005 for my mother's
I'm confused. Only individuals (not Estates or Trusts) file> estate. The 2005 form 709 has not been released. Can I use > the 2004 form or must I wait until the 2005 form is > released. My mother pass away in early January and the > estate return is due in September. Gift Tax returns. The due date is the same as 2005 income tax returns (4/17/06). -- Alan http://taxtopics.net << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#6
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| phughes200[at]hotmail.com wrote: - quote - > I need to file a gift return for 2005 for my mother's
I'm confused. Only individuals (not Estates or Trusts) file> estate. The 2005 form 709 has not been released. Can I use > the 2004 form or must I wait until the 2005 form is > released. My mother pass away in early January and the > estate return is due in September. Gift Tax returns. The due date is the same as 2005 income tax returns (4/17/06). -- Alan http://taxtopics.net << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#5
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| Thanks. That is exactly what I was asking. << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#4
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| According to the accountant and estate lawyer, I need to file a final personal gift return (form 709) for the gifts my mother made in 2005. I thought that this must be filed by the date the estate return was filed. If I read you answer correctly, I can file the final gift return after the estate return. I guess it's time to talk with the lawyer agaiin. << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#3
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| ================================================== ================= Answer: Because it reverses the logival order of the dialogue. Question: Why is top-posting not allowed at misc.taxes.moderated? ================================================== ================= While it is true that estates and trusts do not file gift tax returns, I don't think that is what the original poster was asking. The advice below about the due date of a final gift tax return is incorrect. When a person dies, the time for filing a gift tax return for the calendar year which includes the date of death of the donor is no later than the time (including extensions) for filing the estate tax return with respect to the donor. IRC 6075(b)(3). This means that a final gift tax return will be due early for a person who dies between January 1 and July 14, if an estate tax return is also due for that person. In the case of the original poster, he states that his mother must file a 2005 gift tax return, and that her estate tax return is due in September 2005. The 2005 gift tax return will be due at the same time as the estate tax return. Most likely, the 2005 gift tax return will not be ready by that time. In that case, just use a 2004 return, but update it so the return refers to 2005. You will also need to update the return for any changes in the law. --Chris Ballard A.G. Kalman wrote: - quote - > phughes200[at]hotmail.com wrote:
<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
> > I need to file a gift return for 2005 for my mother's > > estate. The 2005 form 709 has not been released. Can I use > > the 2004 form or must I wait until the 2005 form is > > released. My mother pass away in early January and the > > estate return is due in September. > I'm confused. Only individuals (not Estates or Trusts) file > Gift Tax returns. The due date is the same as 2005 income > tax returns (4/17/06). |
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#2
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| phughes200[at]hotmail.com wrote: - quote - > I need to file a gift return for 2005 for my mother's
I'm confused. Only individuals (not Estates or Trusts) file> estate. The 2005 form 709 has not been released. Can I use > the 2004 form or must I wait until the 2005 form is > released. My mother pass away in early January and the > estate return is due in September. Gift Tax returns. The due date is the same as 2005 income tax returns (4/17/06). -- Alan http://taxtopics.net << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#1
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| "phughes200[at]hotmail.com" <phughes200[at]hotmail.com> wrote: - quote - > I need to file a gift return for 2005 for my mother's
Estates don't file gift returns, they file estate returns.> estate. The 2005 form 709 has not been released. Can I use > the 2004 form or must I wait until the 2005 form is > released. My mother pass away in early January and the > estate return is due in September. To the best of my knowledge, you can 1) request an automatic 6 month extension,(preferable) or 2) use 2004 forms (not preferable). -- David M. Woods, EA, ChFC, CLU Woods Financial Services Norwood, MA 02062 www.woods-financial.com << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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| phughes200[at]hotmail.com wrote: - quote - > I need to file a gift return for 2005 for my mother's
If your mother made a gift within three years of death, it's> estate. The 2005 form 709 has not been released. Can I use > the 2004 form or must I wait until the 2005 form is > released. My mother pass away in early January and the > estate return is due in September. supposed to be included on the 706 anyway. So I wouldn't bother with a 709. Stu << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
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#-1
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| I need to file a gift return for 2005 for my mother's estate. The 2005 form 709 has not been released. Can I use the 2004 form or must I wait until the 2005 form is released. My mother pass away in early January and the estate return is due in September. << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== > |
| Tags |
| gift, return |
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