IRS Forms - 56- Notice Concerning Fiduciary Relationship
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Form 56 (Rev. December 2007) Notice Concerning Fiduciary Relationship OMB No. 1545-0013 Department of the Treasury Internal Revenue Service (Internal Revenue Code sections 6036 and 6903) Part I Identification Name of person for whom you are acting (as shown on the tax return) Identifying number Decedent’s social security no. Address of person for whom you are acting (number, street, and room or suite no.) City or town, state, and ZIP code (If a foreign address, see instructions.) Fiduciary’s name Address of fiduciary (number, street, and room or suite no.) City or town, state, and ZIP code Telephone number (optional) ( ) Part II Authority 1 Authority for fiduciary relationship. Check applicable box: a(1) Will and codicils or court order appointing fiduciary (2) Date of death b(1) Court order appointing fiduciary (2) Date (see instructions) c Valid trust instrument and amendments d Other. Describe Part III Nature of Liability and Tax Notices 2 Type of tax (estate, gift, generation-skipping transfer, income, excise, etc.) 3 Federal tax form number (706, 1040, 1041, 1120, etc.) 4 Year(s) or period(s) (if estate tax, date of death) 5 If the fiduciary listed in Part I is the person to whom notices and other written communications should be sent for all items described on lines 2, 3, and 4, check here 6 If the fiduciary listed in Part I is the person to whom notices and other written communications should be sent for some (but not all) of the items described on lines 2, 3, and 4, check here and list the applicable federal tax form number and the year(s) or period(s) applicable Part IV Revocation or Termination of Notice Section A—Total Revocation or Termination 7 Check this box if you are revoking or terminating all prior notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship Reason for termination of fiduciary relationship. Check applicable box: a Court order revoking fiduciary authority b Certificate of dissolution or termination of a business entity c Other. Describe Section B—Partial Revocation 8a Check this box if you are revoking earlier notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship b Specify to whom granted, date, and address, including ZIP code. Section C—Substitute Fiduciary 9 Check this box if a new fiduciary or fiduciaries have been or will be substituted for the revoking or terminating fiduciary and specify the name(s) and address(es), including ZIP code(s), of the new fiduciary(ies) For Paperwork Reduction Act and Privacy Act Notice, see back page. Cat. No. 16375I Form 56 (Rev. 12-2007) Form 56 (Rev. 12-2007) Page 2 Part V Court and Administrative Proceedings Name of court (if other than a court proceeding, identify the type of proceeding and name of agency) Date proceeding initiated Address of court Docket number of proceeding City or town, state, and ZIP code Date Time a.m. Place of other proceedings p.m. Part VI Signature I certify that I have the authority to execute this notice concerning fiduciary relationship on behalf of the taxpayer. Please Sign Here Fiduciary’s signature Title, if applicable Date Form 56 (Rev. 12-2007) Form 56 (Rev. 12-2007) Page 3 General Instructions relationship while it is in existence. final Form 1040 in the space provided. If Establishing a fiduciary relationship prior you are acting on behalf of a decedent’s Section references are to the Internal to termination of the entity allows the estate that must file a Form 706, United Revenue Code unless otherwise noted. fiduciary to represent the entity on all tax States Estate (and Generation-Skipping Form 56 cannot be used to matters after it is terminated. Transfer) Tax Return, enter the update the last known address decedent’s SSN in addition to entering of the person for whom you When and Where To File the EIN (if applicable) as discussed CAUTION are acting. Use Form 8822, above under Identifying number. Notice of fiduciary relationship. Change of Address, to make this Generally, you should file Form 56 when Address. Include the suite, room, or change. you create (or terminate) a fiduciary other unit number after the street relationship. File Form 56 with the address. Purpose of Form Internal Revenue Service Center where If the postal service does not deliver You must notify the IRS of the creation the person for whom you are acting is mail to the street address and the or termination of a fiduciary relationship required to file tax returns. fiduciary (or person) has a P.O. box, under section 6903 and give notice of Proceedings (other than bankruptcy) show the box number instead of the qualification under section 6036. You and assignments for the benefit of street address. may use Form 56 to provide this notice creditors. A fiduciary who is appointed to the IRS. For a foreign address, enter the or authorized to act as: information in the following order: city, Who Should File ● A receiver in a receivership proceeding province or state, and country. Follow or similar fiduciary (including a fiduciary the country’s practice for entering the The fiduciary (see Definitions below) in aid of foreclosure), or postal code. Please do not abbreviate uses Form 56 to notify the IRS of the the country name. creation or termination of a fiduciary ● An assignee for the benefit of creditors, relationship under section 6903. For must file Form 56 on, or within 10 days example, if you are acting as fiduciary of, the date of appointment with the Part II—Authority for an individual, a decedent’s estate, or Advisory Group Manager, Advisory, Line 1a. Check the box on line 1a if the a trust, you may file Form 56. Insolvency and Quality (AIQ) Office, of the decedent died testate (i.e., having left a area office of the IRS having jurisdiction valid will) and enter the decedent’s date Receivers and assignees for the over the person for whom you are acting. benefit of creditors also file Form 56 to of death. See Publication 4235, Technical Services give notice of qualification under section (Advisory) Group Addresses, for more Line 1b. Check the box on line 1b if the 6036. However, a bankruptcy trustee, information. decedent died intestate (i.e., without debtor-in-possession, or other like leaving a valid will). Also, enter the The receiver or assignee may also file a fiduciary in a bankruptcy proceeding is decedent’s date of death and write separate Form 56 with the service center not required to give notice of “Date of Death” next to the date. where the person for whom the fiduciary qualification under section 6036. Assignment for the benefit of is acting is required to file tax returns to Trustees, etc., in bankruptcy creditors. Enter the date the assets provide the notice required by section proceedings are subject to the notice were assigned to you and write 6903. requirements under title 11 of the United “Assignment Date” after the date. States Code (Bankruptcy Rules). Specific Instructions Proceedings other than bankruptcy. Definitions Enter the date you were appointed or Part I—Identification took possession of the assets of the Fiduciary. A fiduciary is any person debtor or other person whose assets are acting in a fiduciary capacity for any Provide all the information called for in this part. If there is more than one controlled. other person (or terminating entity), such as an administrator, conservator, fiduciary, each fiduciary must file (or You must be prepared to designee, executor, guardian, receiver, otherwise give notice) a separate furnish evidence that trustee of a trust, trustee in bankruptcy, Form 56. substantiates your authority to personal representative, person in Name. File a separate Form 56 for each CAUTION act as a fiduciary for the possession of property of a decedent’s person for whom you are acting in a person for whom you are acting. estate, or debtor-in-possession of assets fiduciary capacity. For example, if you in any bankruptcy proceeding by order will be filing the decedent’s final Form Part III—Nature of Liability of the court. 1040 and are the executor/administrator and Tax Notices Person. A person is any individual, trust, of the decedent’s estate, file one Form 56 entering the name of the decedent as Line 2. Specify the type of tax involved. estate, partnership, association, This line should also identify a transferee company or corporation. the person for whom you are acting and file one Form 56 entering the name of tax liability under section 6901 or Decedent’s estate. A decedent’s estate the estate as the name of the person for fiduciary tax liability under 31 U.S.C. is a taxable entity separate from the whom you are acting. 3713(b) when either exists. decedent that comes into existence at Line 5. If you check the box on line 5, Identifying number. If you are acting for the time of the decedent’s death. It we will treat your address as the an individual, an individual debtor, or generally continues to exist until the final address for IRS notices and other person whose assets are distribution of the estate’s assets is correspondence for the form(s) and controlled, the identifying number is the made to the heirs and other period(s) listed on lines 3 and 4. social security number (SSN). If you are beneficiaries. acting for a person other than an Line 6. If you check the box on line 6, Terminating entities. A terminating individual, including an estate or trust, we will treat your address as the entity, such as a corporation, the identifying number is the employer address for IRS notices and partnership, trust, etc., only has the legal identification number (EIN). correspondence for the form(s) and capacity to establish a fiduciary period(s) that you list on line 6. Decedent’s SSN. If you are acting on behalf of a decedent, enter the decedent’s SSN shown on his or her Form 56 (Rev. 12-2007) Page 4 Part IV—Revocation or Part VI—Signature You are not required to provide the information requested on a form that is Termination of Notice Sign Form 56 and enter a title describing subject to the Paperwork Reduction Act Complete this part only if you are your role as a fiduciary (e.g., assignee, unless the form displays a valid OMB revoking or terminating a prior notice executor, guardian, trustee, personal control number. Books or records concerning a fiduciary relationship. representative, receiver, or conservator). relating to a form or its instructions must Completing this part will relieve you of be retained as long as their contents any further duty or liability as a fiduciary may become material in the if used as a notice of termination. Paperwork Reduction Act and Privacy administration of any Internal Revenue However, completing Section B or C Act Notice. We ask for the information law. Generally, tax returns and return does not relieve any new or substitute on this form to carry out the Internal information are confidential as required fiduciary of the requirement to file a Revenue laws of the United States. Form by section 6103. Form 56 or to otherwise give notice. 56 is provided for your convenience in meeting this requirement and its use is The time needed to complete and file voluntary. Sections 6903 and 6036 this form will vary depending on Part V—Court and require you to inform the IRS of the individual circumstances. The estimated Administrative Proceedings creation or termination of a fiduciary average time is: Complete this part only if you have been relationship. Under section 6109 you Recordkeeping 8 min. appointed a receiver, trustee, or fiduciary must disclose the social security number or other identification number of the Learning about the by a court or other governmental unit in individual or entity for which you are law or the form 32 min. a proceeding other than a bankruptcy proceeding. acting. The principal purpose of this Preparing the form 46 min. disclosure is to secure proper If proceedings are scheduled for more identification of the taxpayer. We also Copying, assembling, and than one date, time, or place, attach a need this information to gain access to sending the form to the IRS 15 min. separate schedule of the proceedings. the tax information in our files and If you have comments concerning the Assignment for the benefit of properly respond to your request. We accuracy of these time estimates or creditors. You must attach the following may disclose this information to the suggestions for making this form simpler, information: Department of Justice for civil or we would be happy to hear from you. 1. A brief description of the assets criminal litigation, and to cities, states, You can write to the Internal Revenue that were assigned, and and the District of Columbia for use in Service, Tax Products Coordinating administering their tax laws. We may Committee, SE:W:CAR:MP:T:T:SP, 2. An explanation of the action to be also disclose this information to other IR-6526, 1111 Constitution Avenue, NW, taken regarding such assets, including countries under a tax treaty, to federal Washington, DC 20224. Do not send any hearings, meetings of creditors, sale, and state agencies to enforce federal Form 56 to this address. Instead, see or other scheduled action. nontax criminal laws, or to federal law When and Where To File on the prior enforcement and intelligence agencies to page. combat terrorism. If you do not disclose this information, we may suspend processing the notice of fiduciary relationship and not consider this as proper notification until you provide the information. Providing false information may subject you to penalties.