In Non-public Letter Ruling 202332013 (Aug. 11, 2023), the decedent’s surviving partner wasn’t a U.S. citizen at his demise. Previous to the due date of the property tax return, the partner irrevocably assigned belongings to a certified home belief (QDOT) that may have in any other case handed outright to the partner, however the belongings weren’t really conveyed to the belief. The partner grew to become a U.S. citizen earlier than the date that was one yr after the due date (together with extensions) for submitting the property tax return, at present resides in america and has resided regularly in america because the decedent’s demise. The property intends to well timed file a last Kind 706-QDT on or earlier than “Date 5” to inform the IRS and certify that the partner has develop into a U.S. citizen.

On this PLR, the property requested a waiver to the requirement of an precise conveyance of property irrevocably assigned to a QDOT for functions of qualifying for a marital deduction below Inside Income Code Part 2056.

IRC Part 2056(d)(2)(B) supplies that property passing from the decedent to the surviving partner shall be handled as passing to the surviving partner in a QDOT, if the property is irrevocably transferred or assigned to the QDOT by the partner earlier than the date on which the property tax return is filed.

Below Part 2056A(b)(12)(A) and Treasury Laws Part 20.2056A-10(a)(1) and (2), a QDOT is not topic to the property tax imposed below Part 2056A(b) if the surviving partner of the decedent turns into a citizen of america, the partner was a U.S. resident always after the date of the demise of the decedent and earlier than changing into a U.S.  citizen and the U.S. trustee of the QDOT notifies the IRS and certifies in writing that the surviving partner has develop into a U.S. citizen. Discover is to be made by submitting a last Kind 706-QDT on or earlier than April 15 of the calendar yr following the yr that the surviving partner turns into a citizen, except an extension of time for submitting is granted. Treas. Regs. Part 20.2056A-4(b)(6) supplies that, for functions of Part 2056(d)(2), property irrevocably assigned however not really transferred to the QDOT earlier than the property tax return is filed have to be conveyed and transferred to the QDOT below relevant native legislation earlier than the administration of the decedent’s property is accomplished. If there’s no administration of the decedent’s property (as a result of for instance, not one of the decedent’s belongings are topic to probate), the conveyance have to be made on or earlier than the date that’s one yr after the due date (together with extensions) for submitting the decedent’s property tax return.

Treas. Regs. Part 20.2056A-4(b)(6) additional supplies that the decedent’s property could request an extension of time for finishing the conveyance, or a waiver of the particular conveyance, below Treas. Regs. Part 301.9100-1(a). The IRS granted a waiver of the requirement of precise conveyance of the belongings to the belief.