Estate Tax Regulations Allow Taxpayers to Request Late Portability Relief

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The IRS released new final estate and gift tax regulations that include guidance on taxpayers seeking so-called “portability” elections to carry over the lifetime exclusion from the first spouse to die to the second spouse.  The new rules require a formal private letter ruling request under Section 9100 to request permission of the IRS to waive the missed election that would have been filed on the estate tax return of the first spouse to die. The relief is only applicable if no estate tax return was required on the death of the first spouse.  The new rules replace the simplified portability election relief found in Rev. Proc. 2014-18.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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