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Form 709
U.S. Gift Tax Return
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Note: This web page will be completed in stages.

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Description of Form

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Due Date

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Tax Tips

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Tax Articles

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Filing Exemptions

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Filing Time


For each tax form, the IRS is required to provide an estimate of the time that is required for the taxpayer to keep records, to read the instructions, to prepare the form and to prepare it for mailing to the IRS. It appears that the IRS bases their estimates on minimum amount of time required for each part of the process and that the taxpayer is a tax professional. Here are their estimates for the average filing time for each part of the process of preparing the estate tax return.These estimates are the sum of the separate estimates for each of the various schedules. Thus, these amounts presume that the return would involve every supporting schedule that could be required with the estate tax return.

Stages of the Process
Time Required
Recordkeeping 9 hours, 40 minutes
Reading the instructions 6 hours, 44 minutes
Preparing the form 11 hours, 14 minutes
Copying, collating and mailing 8 hours, 45 minutes
Total time 36 hours, 23 minutes
Does it seem a little ludicrous that the IRS estimates the time required to read the instructions is about 2/3 of the estimated recordkeeping time and about 1/2 of the time required to prepare the form? If an estate had assets that would require the preparation of every supporting schedule in the estate tax return, it would take a skilled professional with a good quality computer system a lot more than the estimate given by the IRS.

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Related Forms

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Required Records

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Tax Rates
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Tax Data

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IRC Sections
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IRS Publications


The IRS instructions for form 709 provide extensive and detailed information about the procedures for filing an estate tax return.

For a copy of the following IRS publications, visit their web site at

http://www.irs.ustreas.gov/prod/forms_pubs/index.html

Link on the section for IRS publications and select

* Publication 950 - Introduction to Estate & Gift Taxes
* Publication 561 - Determining The Value of Donated Property

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Tax Law 97

Taxpayer's Relief Act of 1997 - Statement of the Managers

Part V - Estate, Gift and Generation Skipping Tax Provisions
Part XIII - Estate, Gift and Trust Simplification Provisions

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A Tip On Choosing An Appraiser

When you are making a transfer of property that can't be valued by reference to an auction market like publicaly listed stocks, the most critical element is the valuation appraisal. A well qualified appraisal will protect you from substantial penalties down the road and will make it hard for the IRS to dispute the value placed on your property. On behalf of a client, I recently spent quite a bit of time helping the client to select an appraiser. About two months before that, I wrote an article for a technical journal about business valuation software. As a result of the research I did on the subject of valuations, I concluded that the reputation of the appraiser is far more important than the software.

With the software I still have, I could compute the value of a business at least 20 different ways. But I won't and if I would, it would be a mistake for anyone to hire me for that purpose. Why? Because I have no experience or relevant credentials. Being a CPA doesn't mean that I'm qualified to put a value on a business. The "secret" in getting an appraisal is to get someone with a reputation that will make it impossible for the IRS to convince a judge that your appraiser wasn't qualified and didn't know what he or she was doing. You want your appraiser to be so well qualified that it will make their appraiser look like an amateur by comparison.

How did I make the choice for my client? I called about a dozen estate planning lawyers in the area and asked for recommendations. Then I called the five who were mentioned the most and asked for a professional bio and a sample appraisal report. Then we interviewed three of the five. Then I suggested the client hire the one with the largest firm that did the most appraisals. And, the appraiser we selected wasn't any more expensive than the others.

Further details about legal methods of tax avoidance are available in our subscriber's web site. Changes in the tax laws and research reports on how to avoid excessive taxes are provided in our monthly newsletter - Vern Jacobs' Tax Solutions

NOTICE: This Information is intended only for educational purposes and may be regarded as controversial by some tax experts. Readers should consult with a qualified tax professional who is familiar with their specific financial and tax circumstances before adopting any ideas that are discussed in this article.
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About the author:

Vernon Jacobs is a CPA/CLU who works as a tax author and consultant. He writes Vern Jacob s' Tax Solutions, is the author of The Jacobs Report on Asset Protection Strategies, and serves as the Tax Editor for OFFSHORE, an eJournal. He has “big six” CPA experience and spent 12 years as a senior financial executive for an insurance company. He’s been the software columnist for Personal Financial Planning for five years. His email address is vkj@rpifs.com and his web site is http://www.rpifs.com/apvkj.htm He can be reached by phone or fax at (913) 362-9667.

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Sponsored by Research Press, Inc., publisher/distributor of The Jacobs Report on Asset Protection Strategies, Vern Jacobs' Tax Solutions and OFFSHORE, an eJournal by Arnold Cornez, J.D. Copyright, 1998, all rights reserved. Research Press, Inc., Box 8194, Prairie Village, KS 66208. (913) 362-9667. Email to rpi@rpifs.com.
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