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Schedule M. Once made, the election annuity, you are not required to make Lines 5a, 5b, and 5c. The total of the is irrevocable. the election for all of them. values listed on Schedule M must be reduced by the amount of the federal If you make the election out of QTIP If an election is made to deduct estate tax, the federal GST tax, and the treatment by checking “Yes” on line 3, qualified domestic trust property under amount of state or other death and you cannot deduct the amount of the section 2056A(d), provide the following GST taxes paid out of the property annuity on Schedule M. If you do not information for each qualified domestic interest involved. If you enter an elect out, you must list the joint and trust on an attachment to this schedule: amount for state or other death or GST survivor annuities on Schedule M. 1. The name and address of every taxes on line 5b or 5c, identify the taxes trustee; and attach your computation of them. Listing Property Interests on 2. A description of each transfer Attachments. If you list property Schedule M passing from the decedent that is the interests passing by the decedent’s will List each property interest included in source of the property to be placed in on Schedule M, attach a certified copy the gross estate that passes from the trust; and of the order admitting the will to decedent to the surviving spouse and 3. The employer identification probate. If, when you file the return, the for which a marital deduction is number (EIN) for the trust. court of probate jurisdiction has entered claimed. This includes otherwise any decree interpreting the will or any nondeductible terminable interest The election must be made for an of its provisions affecting any of the property for which you are making a entire QDOT trust. In listing a trust for interests listed on Schedule M, or has QTIP election. Number each item in which you are making a QDOT election, entered any order of distribution, attach sequence and describe each item in unless you specifically identify the a copy of the decree or order. In detail. Describe the instrument trust as not subject to the election, addition, the IRS may request other (including any clause or paragraph the election will be considered made evidence to support the marital number) or provision of law under for the entire trust. deduction claimed. which each item passed to the surviving The determination of whether a trust spouse. If possible, show where each qualifies as a QDOT will be made as of Schedule O—Charitable, item appears (number and schedule) the date the decedent’s Form 706 is on Schedules A through I. filed. If, however, judicial proceedings Public, and Similar Gifts In listing otherwise nondeductible are brought before the Form 706’s due and Bequests property for which you are making a date (including extensions) to have the QTIP election, unless you specifically trust revised to meet the QDOT identify a fractional portion of the trust General requirements, then the determination or other property as not subject to the will not be made until the court-ordered You must complete Schedule O and file election, the election will be considered changes to the trust are made. it with the return if you claim a made for all of the trust or other deduction on item 21 of Part Election to Deduct Qualified property. 5—Recapitulation. Domestic Trust Property Under Enter the value of each interest You can claim the charitable Section 2056A. If a trust meets the before taking into account the federal deduction allowed under section 2055 requirement of a qualified domestic estate tax or any other death tax. The for the value of property in the trust under section 2056A(a), the return valuation dates used in determining the decedent’s gross estate that was is filed no later than 1 year after the value of the gross estate apply also on transferred by the decedent during life time prescribed by law (including Schedule M. or by will to or for the use of any of the extensions), and the entire value of the If Schedule M includes a bequest of following: trust or trust property is listed and the residue or a part of the residue of • The United States, a state, a political entered as a deduction on Schedule M, the decedent’s estate, attach a copy of subdivision of a state, or the District of then unless the executor specifically the computation showing how the value Columbia, for exclusively public identifies the trust to be excluded from of the residue was determined. Include purposes; the election, the executor shall be a statement showing: • Any corporation or association deemed to have made an election to • The value of all property that is organized and operated exclusively for have the entire trust treated as qualified included in the decedent’s gross estate religious, charitable, scientific, literary, domestic trust property. (Schedules A through I) but is not a or educational purposes, including the part of the decedent’s probate estate, encouragement of art, or to foster Line 1 such as lifetime transfers, jointly owned national or international amateur sports If property passes to the surviving property that passed to the survivor on competition (but only if none of its spouse as the result of a qualified decedent’s death, and the insurance activities involve providing athletic disclaimer, check “Yes” and attach a payable to specific beneficiaries; facilities or equipment, unless the copy of the written disclaimer required • The values of all specific and general organization is a qualified amateur by section 2518(b). legacies or devises, with reference to sports organization) and the prevention the applicable clause or paragraph of of cruelty to children and animals, as Line 3 the decedent’s will or codicil. (If long as no part of the net earnings Section 2056(b)(7) creates an legacies are made to each member of a benefits any private individual and no automatic QTIP election for certain joint class, for example, $1,000 to each of substantial activity is undertaken to and survivor annuities that are decedent’s employees, only the number carry on propaganda, or otherwise includible in the estate under section in each class and the total value of attempt to influence legislation or 2039. To qualify, only the surviving property received by them need be participate in any political campaign on spouse can have the right to receive furnished); behalf of any candidate for public office; payments before the death of the • The date of birth of all persons, the • A trustee or a fraternal society, order surviving spouse. length of whose lives may affect the or association operating under the The executor can elect out of QTIP value of the residuary interest passing lodge system, if the transferred property treatment, however, by checking the to the surviving spouse; and is to be used exclusively for religious, “Yes” box on line 3. Once made, the • Any other important information such charitable, scientific, literary, or election is irrevocable. If there is as that relating to any claim to any part educational purposes, or for the more than one such joint and survivor of the estate not arising under the will. prevention of cruelty to children or -30- Part Instructions