South Dakota Form 8855 2020-2025

South Dakota Form 8855: What You Should Know

If a trustee serves a trust, the trustee must sign Form 8855 if more executors were appointed by different trustees for the trust than the one appointed by the original settler in the trust. (see Form 8855 — Trustee of a Revocable Trust). If one of the executors is not a settler in the trust, the trustee must sign if the trustee is appointed as executor of the trust. If no trustee was appointed, the Trustee of an Electing Trust in South Dakota can sign this form. “In South Dakota, a section 645 will is not an estate and does not give the deceased settler any surviving share in the estate. The will does not create a trust and a trustee cannot serve a trust. South Dakota follows the standard rules for trust formation for section 645 will.” —DSS Web page on form 8855 “The person named as the sole surviving beneficiary on an SSN order is entitled to interest from all subsequent allocations that were issued pursuant to the SSN order. The section 645 beneficiary is the holder of an SSN; he does not receive an estate. Interest for the beneficiary will not be paid to any beneficiary other than the beneficiary named in the SSN order. However, any portion of the interest the holder receives may have been contributed to any successor beneficiary of the SSN order.” What to Do After the Deadline to file Form 8855. Do not use an attorney to sign your return for you, as the IRS will not accept this form as proof of income taxes paid on the property. (If you have a paper return filed, go into IRM 15.1.3.2, Filing Paper Return, and enter “Form 8855” at the line for this type of return, and make sure nothing is marked in the “Notices/Acknowledgments” area.) You cannot use a certified check in lieu of a Form 8855, unless the check is paid into your account at the time you file Form 8855. If the deadline passes, and you are still under the penalty for a late deposit of late fees, you must file a replacement Form 8285.

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