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Internal Revenue Service Department of the Treasury Number: 201414001 Release Date: 4/4/2014 Third Party Communication: None Date of Communication: Not Applicable Index Number: 9100.3500, 2010.0400

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What is a portability election?

A portability election is an option for a surviving spouse to apply their deceased spouse's unused estate tax exclusion amount.

Who is required to file a portability election?

The executor of the deceased spouse's estate is required to file a portability election on behalf of the surviving spouse.

How to fill out a portability election?

To fill out a portability election, the executor must file Form 706 (Estate Tax Return) with the IRS.

What is the purpose of a portability election?

The purpose of a portability election is to allow a surviving spouse to use their deceased spouse's unused estate tax exclusion amount.

What information must be reported on a portability election?

The portability election must include the deceased spouse's basic exclusion amount, the deceased spouse's unused exclusion amount, and other relevant information.

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