[WSBAPT] Reporting Gifts Within Three Years on WA Estate Returns

[Christopher Small]

John:

The way I read the instructions, Section G is to only contain those
transfers outlined above (in parts 1-5). Because your gifts do not fit any
of those descriptions, I'd include it on a separate sheet as instructed (my
italics and emphasis below):

All transfers (other than outright transfers not in trust and bonafide
sales) made by the decedent at any time during life must be reported on the
schedule regardless of whether you believe the transfers are subject to
tax. If the decedent made any transfers *not described in the instructions
above*, the transfers *should not be shown on Schedule G*. *Instead, attach
a statement describing these transfers: list the date of the transfer, the
amount or value of the transferred property, and the type of transfer. *

Hopefully this helps!

Cheers,

Christopher Small
CMS Law Firm LLC <http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512


Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*

On Fri, Aug 31, 2018 at 12:14 PM, John J. Sullivan <sullaw at comcast.net>
wrote:

> Listmates:
>
> I’m working on a WA estate tax return where sizable completed cash gifts
> were made shortly before death from an RLT and I filed a Form 709 reporting
> them to the IRS.
>
> I’m confident they are not drawn back into the gross estate by Sections
> 2035 and 2038. But the instructions to the WA return have me wondering
> whether the DOR is demanding them and the Form 709 anyway. Maybe I’m
> reading too much into the language. It’s on p. 15 of the instructions,
> regarding Schedule G.
>
> Has anyone dealt with a WA return with sizable pre-morten gifts?
>
> Thanks,
>
> John J. Sullivan
>
> Sent from my iPhone
>
>
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