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How do you elect portability

How do you elect portability
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To make a portability election, the decedent's estate is required to file IRS Form 706 i.e. U.S. Estate (and Generation-Skipping Transfer) Tax Return. On this form, the estate may elect to transfer the DSUE to the surviving spouse. A decedent’s estate is required to file Form 706 when the gross estate and adjusted taxable lifetime gifts (over the exclusion amount annually) is more than the applicable exemption amount. However, in a situation when the surviving spouse's estate is not high enough to gain from portability right now, the decedent's estate can still choose to file a portability election just to be secure.

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