A Form 706 portability election can transfer a deceased spouse’s unused exclusion amount (DSUE) to a surviving spouse. A return may be filed for portability even when the estate is below the normal filing threshold.
Why portability changes the filing decision
The executor may need to consider a Form 706 portability filing even when no estate tax is due. The return generally must be timely filed, subject to special relief procedures that may apply in some circumstances.
Preparation considerations
- Confirm the surviving spouse and prior-spouse facts.
- Determine whether the estate otherwise has a filing requirement.
- Gather asset information and valuation support.
- Complete the portability/DSUE section and required schedules.
- Review current IRS relief procedures if the ordinary deadline was missed.