Due Date for Estate Portability Relief

As discussed in our post on June 19, 2017, Revenue Procedure 2017-34 gives estates until January 2, 2018 to apply for retroactive relief if an estate missed the portability election for a decedent who died on or after January 1, 2011.

The due date for this retroactive relief is fast approaching.  Practitioners with clients who could benefit from the relief should discuss this provision with such clients and make arrangements to file a federal estate tax return (Form 706) for the purpose of electing portability to a surviving spouse.

This retroactive relief only applies to returns solely filed for the portability election, and it does not apply to any other late-filed returns.