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2. Is also exercisable in favor of the other person (in addition to being exercisable in favor of the decedent, the decedent's creditors, the decedent's estate, or the creditors of the decedent's estate). When there is a partial power, figure the amount included in the gross estate by dividing the value of the property by the number of persons (including the decedent) in favor of whom the power is exercisable. Date power was created. Generally, a power of appointment created by will is considered created on the date of the testator's death. A power of appointment created by an inter vivos instrument is considered created on the date the instrument takes effect. If the holder of a power exercises it by creating a second power, the second power is considered as created at the time of the exercise of the first. Attachments If the decedent ever possessed a power of appointment, attach a certified or verified copy of the instrument granting the power and a certified or verified copy of any instrument by which the power was exercised or released. You must file these copies even if you contend that the power was not a general power of appointment, and that the property is not otherwise includible in the gross estate. Schedule I—Annuities If any assets to which the special rule of Regulations section 20.2010-2(a)(7)(ii) applies are reported on this schedule, do not enter any value in the last three columns. See the instructions for line 10 of Part 5—Recapitulation for information on how to estimate and report the value of these assets. Complete Schedule l and file it with the return if you answered “Yes” to question 16 of Part 4—General Information. Enter on Schedule I every annuity that meets all of the conditions under General, later, and every annuity described in paragraphs (a) through (h) of Annuities Under Approved Plans, later, even if the annuities are wholly or partially excluded from the gross estate. For a discussion regarding the QTIP treatment of certain joint and survivor annuities, see the Schedule M, line 3, instructions. CAUTION ! General These rules apply to all types of annuities, including pension plans, individual retirement arrangements (IRAs), purchased commercial annuities, and private annuities. In general, you must include in the gross estate all or part of the value of any annuity that meets the following requirements. • It is receivable by a beneficiary following the death of the decedent and by reason of surviving the decedent. • The annuity is under a contract or agreement entered into after March 3, 1931. • The annuity was payable to the decedent (or the decedent possessed the right to receive the annuity) either alone or in conjunction with another, for the decedent's life or for any period not ascertainable without reference to the decedent's death or for any period that did not in fact end before the decedent's death. • The contract or agreement is not a policy of insurance on the life of the decedent. Note. A private annuity is an annuity issued by a party not engaged in the business of writing annuity contracts, typically a junior generation family member or a family trust. An annuity contract that provides periodic payments to a person for life and ceases at the person's death is not includible in the gross estate. Social security benefits are not includible in the gross estate even if the surviving spouse receives benefits. An annuity or other payment that is not includible in the decedent's or the survivor's gross estate as an annuity may still be includible under some other applicable provision of the law. For example, see Powers of Appointment and the instructions for Schedule G—Transfers During Decedent's Life, earlier. See also Regulations section 20.2039-1(e). If the decedent retired before January 1, 1985, see Annuities Under Approved Plans, later, for rules that allow the exclusion of part or all of certain annuities. Part Includible If the decedent contributed only part of the purchase price of the contract or agreement, include in the gross estate only that part of the value of the annuity receivable by the surviving beneficiary that the decedent's contribution to the purchase price of the annuity or agreement bears to the total purchase price. For example, if the value of the survivor's annuity was $20,000 and the decedent had contributed 75% of the purchase price of the contract, the amount includible is $15,000 (75% (0.75) × $20,000). Except as provided under Annuities Under Approved Plans, later, contributions made by the decedent's employer to the purchase price of the contract or agreement are considered made by the decedent if they were made by the employer because of the decedent's employment. For more information, see section 2039(b). Definitions Annuity. An annuity consists of one or more payments extending over any period of time. The payments may be equal or unequal, conditional or unconditional, periodic or sporadic. Examples. The following are examples of contracts (but not necessarily the only forms of contracts) for annuities that must be included in the gross estate. 1. A contract under which the decedent immediately before death was receiving or was entitled to receive, for the duration of life, an annuity with payments to continue after death to a designated beneficiary, if surviving the decedent. 2. A contract under which the decedent immediately before death was receiving or was entitled to receive, together with another person, an annuity payable to the decedent and the other person for their joint lives, with payments to continue to the survivor following the death of either. 3. A contract or agreement entered into by the decedent and employer under which the decedent immediately before death and following retirement was receiving, or was entitled to receive, an annuity payable to the decedent for life. After the decedent's death, if survived by a designated beneficiary, the annuity was payable to the beneficiary with payments either fixed by contract or subject to an option or election exercised or exercisable by the decedent. However, see Annuities Under Approved Plans, later. 4. A contract or agreement entered into by the decedent and the decedent's employer under which at the decedent's -30- Instructions for Form 706 (Rev. 09-2021)