Guidance for Executors of 2010 Decedents’ Estates; Due Date for Form 8939 by Deborah DiNardo, Esq. and Kathleen A. Ryan, Esq.

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On Friday, August 5, 2011, the Internal Revenue Service finally announced an important due date for executors of 2010 decedents’ estates who elect to opt out of the estate tax. An executor electing to have carryover basis rules apply without any federal estate tax will be required to file a Form 8939 - Allocation of Increase in Basis for Property Acquired from a Decedent. The long-awaited Form 8939 and related instructions are expected to be issued in the next couple of months according to the announcement. The due date for filing the Form 8939 will be November 15, 2011.

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