IRS Provides Guidance for Protective Claim for Estate Tax Refund

IRS Provides Guidance for Protective Claim for Estate Tax Refund


The IRS has just issued Revenue Procedure 2011-48, which provides guidance regarding the filing and subsequent resolution of a protective claim for refund of estate tax that is based on a deduction for a claim or expense under section 2053 of the Internal Revenue Code.

Section 2053 allows deductions to be taken against the estate tax for claims and expenses such as funeral costs, administrative expenses, debts, etc.  Generally the amount deducted must have actually been paid at the time of filing of the estate tax return, which is due nine months after the decedent's date of death (a six month extension is available).

For claims and expenses which have not been paid, but are anticipated to be paid after filing, the executor can file a protective claim for a refund.

Gregory Herman-Giddens, JD, LLM, TEP, CFP, Attorney at Law (NC, FL, TN), Board Certified Specialist in Estate Planning and Probate Law (NC). North Carolina Registered Guardian, Solicitor, England and Wales. Follow his blog, North Carolina Estate Planning Blog..

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