Form 8855 (1-2009)
Page 3
General Instructions
Section references are to the Internal
Revenue Code unless otherwise noted.
Purpose
The trustees of each qualified revocable
trust (QRT) and the executor of the
related estate, if any, use Form 8855 to
make a section 645 election. This
election allows a QRT to be treated and
taxed (for income tax purposes) as part
of its related estate during the election
period. Once the election is made, it
cannot be revoked.
Definitions
A QRT is any trust (or part of a trust)
that, on the day the decedent died, was
treated as owned by the decedent under
section 676 by reason of a power to
revoke that was exercisable by the
decedent (determined without regard to
section 672(e)).
For this purpose, a QRT includes a
trust that was treated as owned by the
decedent under section 676 by reason
of a power to revoke that was
exercisable by the decedent with the
consent or approval of a nonadverse
party or the decedent’s spouse.
However, a QRT does not include a trust
that was treated as owned by the
decedent under section 676 by reason
of a power to revoke that was
exercisable solely by a nonadverse party
or the decedent’s spouse and not by the
decedent.
An electing trust is a QRT for which a
valid section 645 election has been
made. Once the QRT makes the
election, it is treated as an electing trust
throughout the entire election period.
An executor is an executor, personal
representative, or administrator that has
obtained letters of appointment to
administer the decedent’s estate through
formal or informal appointment
procedures. For purposes of this
election, an executor does not include a
person that has actual or constructive
possession of property of the decedent
unless that person is appointed or
qualified as an executor, administrator,
or personal representative. If more than
one jurisdiction has appointed an
executor, then, for purposes of this
election, only the person from the
primary or domiciliary proceeding is the
executor.
A related estate is the estate of the
decedent who was treated as the owner
of the QRT on the date of the
decedent’s death.
A filing trustee is the trustee of an
electing trust who, when there is no
executor, has been appointed by the
trustees of each of the other electing
trusts to file the Forms 1041 (or
1040-NR, if applicable) due for the
combined electing trust(s) for each tax
year during the election period and has
agreed to accept that responsibility. If
there is no executor and there is only
one QRT making the section 645
election, the trustee of that electing trust
is the filing trustee.
A filing trust is an electing trust whose
trustee was appointed as the filing
trustee by all electing trust(s) if there is
no executor. If there is no executor and
only one QRT is making the election,
that QRT is the filing trust.
Election Period
The election period is the period of time
during which an electing trust is treated
and taxed as part of its related estate.
The election period begins on the date
of the decedent’s death and terminates
on the earlier of:
• The day on which each electing trust
and the related estate, if any, have
distributed all of their assets or
• The day before the applicable date.
Applicable date. To determine the
applicable date, you must first determine
whether a Form 706, United States
Estate (and Generation-Skipping
Transfer) Tax Return, is required to be
filed as a result of the decedent’s death.
IS a Form 706
required?
THEN the
applicable date is...
Yes
The later of:
• 2 years after the date of
the decedent’s death or
• 6 months after the final
determination of liability
for estate tax.
No
2 years after the date of
the decedent’s death.
Final determination of liability. For
purposes of this election only, the date
of final determination of liability for the
estate tax is the earliest of:
• 6 months after the IRS issues an estate
tax closing letter (unless a claim for
refund of estate tax is filed within 12
months after the letter is issued);
• The final disposition of a claim for
refund that resolves the liability for the
estate tax (unless suit is instituted within
6 months after a final disposition of the
claim);
• The execution of a settlement
agreement with the IRS that determines
the liability for the estate tax;
• The issuance of a decision, judgment,
decree, or other order by a court of
competent jurisdiction resolving the
liability for the estate tax (unless a notice
of appeal or a petition for certiorari is
filed within 90 days after the issuance of
a decision, judgment, decree, or other
order of a court); or
• The expiration of the period of
limitations for the estate tax.
When To File
File the election by the due date
(including extensions, if any) of the Form
1041 (or Form 1040-NR, if applicable)
for the first tax year of the related estate
(or the filing trust). This applies even if
the combined related estate and electing
trust(s) do not have sufficient income to
be required to file Form 1041.
In general, the due date for the first
income tax return is the 15th day of the
4th month after the close of the first tax
year of the related estate. For
exceptions, see Regulations section
1.6072-1(c). For the purpose of
determining the tax year if there is no
executor, treat the filing trust as an
estate. If the estate is granted an
extension of time to file its income tax
return for its first tax year, the due date
of the Form 8855 is the extended due
date.
For instructions on when to file an
amended election, see Amended
Election Needed When an Executor Is
Appointed After a Valid Election Is Made
on page 4.
Where To File
IF you are
located in . . .
THEN send the election
to the . . .
Connecticut, Delaware,
District of Columbia,
Georgia, Illinois, Indiana,
Kentucky, Maine,
Maryland,
Massachusetts,
Michigan, New
Hampshire,
New Jersey, New York,
North Carolina, Ohio,
Pennsylvania, Rhode
Island, South Carolina,
Tennessee, Vermont,
Virginia, West Virginia,
Wisconsin
Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999
Alabama, Alaska,
Arizona, Arkansas,
California, Colorado,
Florida, Hawaii, Idaho,
Iowa, Kansas,
Louisiana, Minnesota,
Mississippi, Missouri,
Montana, Nebraska,
Nevada, New Mexico,
North Dakota,
Oklahoma, Oregon,
South Dakota, Texas,
Utah, Washington,
Wyoming
A foreign country or a
U.S. possession
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201
Who Must Sign
If there is more than one executor for a
related estate or more than one trustee
for an electing trust, only one executor
or trustee must sign Form 8855 on
behalf of the entity, unless otherwise
required by applicable local law or the
governing document.
