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Form 8855 was filed in Ogden for a qualified revocable trust, and there was no probate estate (or "executor" as defined in the Form 8855 instructions). Part I was completed by the trustee with the filing trust information and the "Domestic trust" box was checked as the type of entity prior to the election. I left the "Date of executor's appointment" box blank since there was no executor and Lacerte won't let you put anything other than a date in that box.
The IRS kicked the 8855 back to the trustee "because it was incomplete" and shaded in yellow the "Date of executor's appointment" box. The letter was sent under the signature of Marilyn Jordan, Dept. Manager, Code & Edit/Entity 3. I would appreciate anyone's thoughts who has already dealt with this or has any ideas how this should be cleaned up.
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Member
Group: Forum Members
Last Login: 10/4/2007 4:49:42 PM
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I've done two Form 8855s where no executor was appointed. I had the trustee sign on page 1 in the spot for executor as "filing trustee" and on page 2 as trustee of the qualified revocable trust. for the date of appointment on page 1, I put the date the successor trustee took over responsibility for the trust which, in my cases, was the date of death of the grantor.
Carol Ach
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Usually through a pour over will the executor is the same as the trustee. I've made the 645 election many times and have never had it shot back by the IRS for something like this. Obviously there is someone at the IRS who doesn't know what he is doing, and you will need to write a letter.
BTW. In doing a little further research on the 645 election and filing Form 8855, you will want to mark the 1041 as being an estate, even though the title on the return might be for a trust.
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I appreciate your responses to my question. I've also prepared several 8855's since the form came out, and this is the only one kicked back for this (or any other) reason. I would say that 95%+ of the QRT's for which this election is made fit this fact pattern (one trust, no probate/executor), so time will tell if this problem stems from an employee in Ogden or a IRS computer system edit error.
The trust for which the rejected 8855 was filed has already filed its first (also its final) return, all its expenses, including my fees, paid, and its assets distributed to beneficiaries. So for this "incomplete" 8855, I'm just going to handwrite the date of the death in the appointment date box and send it back so they can "process" (IRS's words) the election.
Thanks again for your thoughts.
Dan S.
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Power Member
Group: Forum Members
Last Login: 2/16/2010 6:30:43 PM
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| I recently had the same situation. The trustee had the form returned asking for the date of the appointment as executor. We then entered the date of death on the theory that since the trustee had control of all of the assets as of the date of death, he is considered the executor for purposes of Form 706. Before Form 8855 was released, there was no question when we attached all of the information and made a 645 election on Form 1041. Previous to this one, I had been attaching Form 8855 to the Form 1041. The one that was bounced was the first one I ever had a trustee file separately.
Mary Kay Foss
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