IRS Releases Draft 2010 Estate Tax Return Instructions


The IRS has released draft instructions for the 2010 Form 706, the U.S. Estate Tax Return.  Executors of estates of decedents who died in 2010 between the estate tax, with a $5 million exemption and 35% rate,  or the modified carryover basis rules.  The modified carryover basis law does not institute a tax, but limits a step up in basis for property acquired from a decedent to $1.3 million, with another $3 million for property passing to a spouse.  Other property would have the same. basis that it had in the hands of the decedent, so that when sold, capital gains tax may be due.

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