The executor of a decedent's estate uses Form 706 to figure the estate tax imposed by Chapter 11 of the Internal Revenue Code. This tax is levied on the entire taxable estate, not just on the share received by a particular beneficiary. Form 706 is also used to compute the generation-skipping transfer (GST) tax imposed by Chapter 13 on direct skips (transfers to skip persons of interests in property included in the decedent's gross estate).

For decedents dying in 2008, Form 706 must be filed by the executor for the estate of every U.S. citizen or resident whose gross estate, plus adjusted taxable gifts and specific exemption, is more than $2,000,000. The exemption is scheduled to increase to $3,500,000 in 2009.

To determine whether you must file a return for the estate, add:

  • The adjusted taxable gifts (under IRC §2001(b)) made by the decedent after December 31, 1976;
  • The total specific exemption allowed under IRC §2521 (as in effect before its repeal by the Tax Reform Act of 1976) for gifts made by the decedent after September 8, 1976; and
  • The decedent's gross estate valued at the date of death.