Page 18

spouse to offset the tax on any taxable transfer made after the deceased spouse's death. A surviving spouse who has more than one predeceased spouse is not precluded from using the DSUE amount of each spouse in succession. A surviving spouse may not use the sum of DSUE amounts from multiple predeceased spouses at one time nor may the DSUE amount of a predeceased spouse be applied after the death of a subsequent spouse. Making the Election A timely filed and complete Form 706 is required to elect portability of the DSUE amount to a surviving spouse. The filing requirement applies to all estates of decedents choosing to elect portability of the DSUE amount, regardless of the size of the estate. A timely filed return is one that is filed on or before the due date of the return, including extensions. The timely filing of a complete Form 706 with DSUE will be deemed a portability election if there is a surviving spouse. The election is effective as of the decedent’s date of death, so the DSUE amount received by a surviving spouse may be applied to any transfer occurring after the decedent’s death. A portability election is irrevocable, unless an adjustment or amendment to the election is made on a subsequent return filed on or before the due date. Note. Under Regulations section 20.2010-2(a)(5), the executor of an estate of a nonresident decedent who was not a citizen of the United States at the time of death cannot make a portability election. If an executor is appointed, qualified, and acting with the United States on behalf of the decedent’s estate, only that executor may make or opt out of a portability election. If there is no executor, see Regulations section 20.2010-2(a)(6)(ii). Opting Out If an estate files a Form 706 but does not wish to make the portability election, the executor can opt out of the portability election by checking the box indicated in Section A of this Part. If no return is required under section 6018(a), not filing Form 706 will avoid making the election. Figuring the DSUE Amount Regulations section 20.2010-2(b)(1) requires that a decedent's DSUE be figured on the estate tax return. The DSUE amount is the lesser of (a) the basic exclusion amount in effect on the Table of Estimated Values If the total estimated value of the assets eligible for the special rule under Reg. section 20.2010-2(a)(7)(ii) is more than: But less than or equal to: Include this amount on lines 10 and 23: . . . $0 $250,000 $250,000 $250,000 $500,000 $500,000 $500,000 $750,000 $750,000 $750,000 $1,000,000 $1,000,000 $1,000,000 $1,250,000 $1,250,000 $1,250,000 $1,500,000 $1,500,000 $1,500,000 $1,750,000 $1,750,000 $1,750,000 $2,000,000 $2,000,000 $2,000,000 $2,250,000 $2,250,000 $2,250,000 $2,500,000 $2,500,000 $2,500,000 $2,750,000 $2,750,000 $2,750,000 $3,000,000 $3,000,000 $3,000,000 $3,250,000 $3,250,000 $3,250,000 $3,500,000 $3,500,000 $3,500,000 $3,750,000 $3,750,000 $3,750,000 $4,000,000 $4,000,000 $4,000,000 $4,250,000 $4,250,000 $4,250,000 $4,500,000 $4,500,000 $4,500,000 $4,750,000 $4,750,000 $4,750,000 $5,000,000 $5,000,000 $5,000,000 $5,250,000 $5,250,000 $5,250,000 $5,500,000 $5,500,000 $5,500,000 $5,750,000 $5,750,000 $5,750,000 $6,000,000 $6,000,000 $6,000,000 $6,250,000 $6,250,000 $6,250,000 $6,500,000 $6,500,000 $6,500,000 $6,750,000 $6,750,000 $6,750,000 $7,000,000 $7,000,000 $7,000,000 $7,250,000 $7,250,000 $7,250,000 $7,500,000 $7,500,000 $7,500,000 $7,750,000 $7,750,000 $7,750,000 $8,000,000 $8,000,000 $8,000,000 $8,250,000 $8,250,000 $8,250,000 $8,500,000 $8,500,000 $8,500,000 $8,750,000 $8,750,000 $8,750,000 $9,000,000 $9,000,000 $9,000,000 $9,250,000 $9,250,000 $9,250,000 $9,500,000 $9,500,000 $9,500,000 $9,750,000 $9,750,000 $9,750,000 $10,000,000 $10,000,000 $10,000,000 $10,250,000 $10,250,000 $10,250,000 $10,500,000 $10,500,000 $10,500,000 $10,750,000 $10,750,000 $10,750,000 $11,000,000 $11,000,000 $11,000,000 $11,180,000 $11,180,000 $11,180,000 $11,400,000 $11,400,000 $11,400,000 $11,580,000 $11,580,000 $11,580,000 $11,700,000 $11,700,000 -18- Instructions for Form 706 (Rev. 09-2021)