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Form 8855 Texas Dallas: What You Should Know

T, as amended) in an amount not less than those allowed by that tax. The transferor must provide to the Internal Revenue Service (IRS) an Election to Treat as a Qualified Revocable Trust, completed on Form 2868, Election To Treat a Qualified Revocable Trust. Form 2868 (PDF) or Form 2868‑A (PDF) (the Election must be completed on either Form 2868 or Form 2868‑A, except that the Election only need be submitted to the IRS on Form 2868‑A.) The decedent's heirs may elect to treat the qualified trust as being the subject of the taxable estate, in which case, each share of the trust's income and gain (that did not increase in value with that trust's increasing value during the 10‑year period) that was subject to the 10.5 percent tax (other than the trust's ordinary income, gain, interest income, and long‑term capital gain, but also any gain that was treated as not being a gain for tax purposes because of a requirement for treatment under the Code that was waived, conditioned, or reduced by an applicable election or the limitations of any statute of limitations) must be filed with the transferor in the taxable estate. If no decedent died within 10 years of the transfer, each portion of the trust's income that increased in value with the same trust's increasing value may be excluded from gross income by the transferor. See section 1402(a)(3)(B) for the rules for section 1402(a)(3)(B). The decedent's heirs may not choose to treat the trust as an estate subject to section 2036, Code section 2032, or Code section 2032A.

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