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  #7  
Old 08-11-2005, 02:12 AM
A.G. Kalman
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Default Re: Gift Return

phughes200[at]hotmail.com wrote:

- quote -

> 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).

--
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. > << ================================================== ===== >
  #6  
Old 08-11-2005, 01:52 AM
A.G. Kalman
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Posts: n/a
Default Re: Gift Return

phughes200[at]hotmail.com wrote:

- quote -

> 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).

--
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. > << ================================================== ===== >
  #5  
Old 08-11-2005, 01:52 AM
phughes200@hotmail.com
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Default Re: Gift Return

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. > << ================================================== ===== >
  #4  
Old 08-09-2005, 04:59 AM
phughes200@hotmail.com
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Default Re: Gift Return

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. > << ================================================== ===== >
  #3  
Old 08-08-2005, 11:28 PM
cballard@tyyni.net
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Default Re: Gift Return

================================================== =================
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:

> > 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).


<< ================================================== ===== > << 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. > << ================================================== ===== >
  #2  
Old 08-07-2005, 04:16 AM
A.G. Kalman
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Posts: n/a
Default Re: Gift Return

phughes200[at]hotmail.com wrote:

- quote -

> 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).

--
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. > << ================================================== ===== >
  #1  
Old 08-07-2005, 04:16 AM
David Woods
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Default Re: Gift Return

"phughes200[at]hotmail.com" <phughes200[at]hotmail.com> wrote:

- quote -

> 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.


Estates don't file gift returns, they file estate returns.
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. > << ================================================== ===== >
 
Old 08-07-2005, 03:38 AM
Stuart A. Bronstein
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Posts: n/a
Default Re: Gift Return

phughes200[at]hotmail.com wrote:

- quote -

> 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.


If your mother made a gift within three years of death, it's
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. > << ================================================== ===== >
  #-1  
Old 08-05-2005, 12:38 PM
phughes200@hotmail.com
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Posts: n/a
Default Gift Return

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. > << ================================================== ===== >
 

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