Frequently Asked Questions
Who is eligible for the Section 645 Election for Qualified Revocable Trusts?
Requires a joint election by the executor and the trustee of a qualified revocable trust (grantor trust prior to death).
How does the Section 645 Election for Qualified Revocable Trusts work?
Elect to treat a qualified revocable trust as part of the decedent's estate for tax purposes, allowing for a fiscal year election and a larger personal exemption.
What law authorizes the Section 645 Election for Qualified Revocable Trusts?
The Section 645 Election for Qualified Revocable Trusts is authorized under IRC §645 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §645
Source: Internal Revenue Code, Title 26, United States Code
§ 645. Certain revocable trusts treated as part of estate(a) General ruleFor purposes of this subtitle, if both the executor (if any) of an estate and the trustee of a qualified revocable trust elect the treatment provided in this section, such trust shall be treated and taxed as part of such estate (and not as a separate trust) for all taxable years of the estate ending after the date of the decedent’s death and before the applicable date.
(b) DefinitionsFor purposes of subsection (a)—(1) Qualified revocable trustThe term “qualified revocable trust” means any trust (or portion thereof) which was treated under section 676 as owned by the decedent of the estate referred to in subsection (a) by reason of a power in the grantor (determined without regard to section 672(e)).
(2) Applicable dateThe term “applicable date” means—(A) if no return of tax imposed by chapter 11 is required to be filed, the date which is 2 years after the date of the decedent’s death, and
(B) if such a return is required to be filed, the date which is 6 months after the date of the final determination of the liability for tax imposed by chapter 11.
(c) ElectionThe election under subsection (a) shall be made not later than the time prescribed for filing the return of tax imposed by this chapter for the first taxable year of the estate (determined with regard to extensions) and, once made, shall be irrevocable.
(Added Pub. L. 105–34, title XIII, § 1305(a), Aug. 5, 1997, 111 Stat. 1040, § 646; renumbered § 645, Pub. L. 105–206, title VI, § 6013(a)(1), July 22, 1998, 112 Stat. 819.)
Editorial Notes
Prior ProvisionsA prior section 645 was renumbered section 644 of this title.
Amendments1998—Pub. L. 105–206 renumbered section 646 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105–34, title XIII, § 1305(d), Aug. 5, 1997, 111 Stat. 1041, provided that: “The amendments made by this section [enacting this section and amending section 2652 of this title] shall apply with respect to estates of decedents dying after the date of the enactment of this Act [Aug. 5, 1997].”