Bank trustee gets more time to certify that a QDOT beneficiary became a U.S. citizen

Plain-English summary

When someone dies leaving property to a surviving spouse who is not a U.S. citizen, the usual estate-tax marital deduction is not allowed unless the property goes into a qualified domestic trust (QDOT). A QDOT defers estate tax until money leaves the trust or the surviving spouse dies, which protects the government's ability to collect estate tax from a noncitizen spouse. But if the surviving spouse later becomes a U.S. citizen (and lived in the U.S. the whole time in between), the special QDOT estate tax stops applying, provided the U.S. trustee files a final Form 706-QDT notifying and certifying the new citizenship. Here the surviving spouse became a U.S. citizen and told the bank serving as trustee, but the bank's internal tax department never filed the Form 706-QDT within the required time. The bank asked the IRS for relief under the section 301.9100 regulations, which allow extra time for a missed regulatory election or filing when the taxpayer acted reasonably and in good faith and relief will not prejudice the government. The IRS granted the trustee a 120-day extension to file the Form 706-QDT with the required certification. This is a routine cure for a missed QDOT citizenship-certification filing that lets the trust escape further QDOT estate tax.

Ruling snapshot

• Question: Should the QDOT's U.S. trustee get an extension of time under § 301.9100-3 to file Form 706-QDT certifying that the surviving spouse became a U.S. citizen?
• Outcome: Approved (120-day extension to file Form 706-QDT)
• Key authorities: IRC §§ 2056(d), 2056A(b)(1), 2056A(b)(12); Treas. Reg. §§ 20.2056A-10, 301.9100-3

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 202507010
Third Party Communication: None
Release Date: 2/14/2025
Date of Communication: Not Applicable
Index Number: 2056A.00-00, 9100.00-00
Person To Contact:
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Telephone Number:
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Refer Reply To:
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CC:PSI:B04
PLR-111612-24
Date:
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Legend

Decedent = -------------------
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Spouse = ---------------------
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Trust = ----------------------------------------------------------------------------
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Bank A = --------------------------
Bank B = ------------------------------------------------------------------------------------------ Date 1 = ----------------------- Date 2 = ------------------ Date 3 = ---------------- Date 4 = ------------------

Dear ---------------:

This letter responds to your authorized representative's letter of May 30, 2024, requesting an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file Form 706-QDT, U.S. Estate Tax Return for Qualified Domestic Trusts, to notify and certify to the Internal Revenue Service (Service) that Spouse, who is the beneficiary of Trust, has become a United States citizen.

The facts and representations submitted are as follows.

Decedent died on Date 1, survived by Spouse. At the time of Decedent's death, Spouse was not a United States citizen. On Date 2, Spouse established a Qualified Domestic Trust (QDOT) (Trust) pursuant to § 2056A of the Internal Revenue Code (Code) and funded Trust with assets that would have passed outright to Spouse from Decedent's estate. The initial trustee of Trust was Bank A, a United States corporation. Prior to Date 3, Bank A merged with Bank B, also a United States corporation, and Bank B became the trustee of Trust as successor in interest to Bank A.

On Date 3, Spouse became a United States citizen. On Date 4, Spouse advised Bank B that she had become a United States citizen. Bank B relied on the internal tax department of Bank B to prepare and file any necessary federal tax forms. The tax department did not file a Form 706-QDT to make notification and certification of Spouse's United States citizenship during the required time period.

It is represented that Spouse continuously resided in the United States from the date of Decedent's death until the time Spouse became a United States citizen.

Law and Analysis

Section 2001(a) of the Code imposes a tax on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States.

Section 2056(a) provides that, for purposes of the tax imposed by § 2001, the value of the taxable estate is determined by deducting from the value of the gross estate an amount equal to the value of any interest in property that passes or has passed from the decedent to the surviving spouse.

Section 2056(d)(1) provides that, except as provided in § 2056(d)(2), if the surviving spouse is not a citizen of the United States, no deduction shall be allowed under § 2056(a). Section 2056(d)(2) provides that § 2056(d)(1) shall not apply to any property passing to the surviving spouse in a QDOT.

There are three main requirements under § 2056A that must be satisfied in order for a trust to be a QDOT. The trust instrument must require that at least one trustee of the trust be an individual citizen of the United States or a domestic corporation, and provides that no distribution (other than a distribution of income) may be made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the right to withhold from the distribution the tax imposed by § 2056A on the distribution. In addition, the trust must meet the requirements of regulations prescribed to ensure the collection of any tax imposed by § 2056A(b)(1). Finally, the executor must make an election on the federal estate tax return to qualify the trust property for the federal estate tax marital deduction.

Section 2056A(b)(1) provides that an estate tax is imposed on (A) any distribution before the date of death of the surviving spouse from a qualified domestic trust, and (B) the value of the property remaining in a qualified domestic trust on the date of the death of the surviving spouse (§ 2056A estate tax).

Section 2056A(b)(12) provides, in part, that if the surviving spouse of the decedent becomes a citizen of the United States and if such spouse was a resident of the United States at all times after the date of death of the decedent and before such spouse becomes a citizen of the United States, then the tax imposed by § 2056A(b)(1)(A) shall not apply to any distributions after such spouse becomes a citizen, and the tax imposed by § 2056A(b)(1)(B) shall not apply.

Section 20.2056A-10(a)(1) and (2) of the Estate Tax Regulations provides, in part, that a QDOT is no longer subject to the § 2056A estate tax if the surviving spouse becomes a citizen of the United States, the spouse was a resident of the United States at all times after the death of the decedent and before becoming a United States citizen, and the United States trustee of the QDOT notifies the Service and certifies in writing that the surviving spouse has become a United States citizen. Notice is to be made by filing a final Form 706-QDT on or before April 15th of the calendar year following the year in which the surviving spouse becomes a United States citizen unless an extension of time for filing is granted under § 6081.

Section 301.9100-1(c) provides that the Commissioner has discretion to grant a reasonable extension of time under the rules set forth in §§ 301.9100-2 and 301.9100-3 to make a regulatory election, or a statutory election (but no more than six months except in the case of a taxpayer who is abroad), under all subtitles of the Code except in subtitles E, G, H, and I.

Section 301.9100-3 sets forth the standards that the Commissioner uses to determine whether to grant an extension of time to make an election whose due date is prescribed by a regulation and not expressly provided by statute. These standards indicate that the Commissioner should grant relief when the taxpayer provides evidence proving to the satisfaction of the Commissioner that the taxpayer acted reasonably and in good faith, and that granting relief will not prejudice the interests of the Government.

Section 301.9100-3(b)(1)(v) provides that a taxpayer is deemed to have acted reasonably and in good faith if the taxpayer reasonably relied on a qualified tax professional, including a tax professional employed by the taxpayer, and the tax professional failed to make, or to advise the taxpayer to make, the election.

Based on the facts submitted and the representations made, we conclude that the requirements of § 301.9100-3 are satisfied. Therefore, Bank B is granted an extension of time of 120 days from the date of this letter to file with the Service the required notice and certification that Spouse became a United States citizen. The required notice and certification should be made on a Form 706-QDT. The Form 706- QDT should be filed with the Internal Revenue Service Center, Kansas City, MO 64999. A copy of this letter should be attached to the Form 706-QDT.

The rulings contained in this letter are based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination.

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.

In accordance with the Power of Attorney on file with this office, a copy of this letter is being sent to your authorized representative.

Sincerely,

Associate Chief Counsel
Passthroughs & Special Industries

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By: Karlene M. Lesho
Chief, Branch 4
Office of the Associate Chief Counsel
(Passthroughs & Special Industries)

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