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How long after my spouse's and
my death does my family have to pay my federal estate tax liability?
The federal estate tax return, Form 706, must
be filed within 9 months after a decedent's death. The tax is
due with the return. The responsibility of filing the return normally
rests with the personal representative or executor of the decedent's
estate. The Internal Revenue Code imposes a penalty of 5 percent
of the amount of the tax for each month of delinquency (with a
maximum of 25 percent), unless the person responsible for filing
the return can show that the delay was due to reasonable cause
and not due to willful neglect. Upon a showing of good and sufficient
cause, an extension, usually limited to 6 months, can be obtained
for filing the return.
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