Advance planning for surviving parent: Is Estate Tax form 706 needed if DSUE was previously elected?
My father passed away in 2022 and my mother is still alive. When Dad died, no taxable gifts had been given, and we filed Form 706 to elect portability for his entire personal exemption which was $12.06M that year. I've been trying to plan ahead for when Mom eventually passes. According to what I understand from the IRS, Form 706 is required if her estate (plus any lifetime taxable gifts) exceeds her personal exemption in the year of her death. But here's where I'm confused - if Mom's estate does exceed her individual exemption, but once you add in the DSUE (Deceased Spousal Unused Exemption) she received from Dad, her "effective" taxable estate falls below the threshold where estate tax would be owed - is Form 706 still required? I've searched through IRS publications and haven't found anything that specifically addresses this scenario. Her financial advisor suggested we might still need to file, but wasn't certain. Has anyone dealt with this specific situation before?
18 comments


Miguel Hernández
Yes, Form 706 (Estate Tax Return) would still be required in your scenario. The filing requirement is based on the gross estate value compared to the basic exclusion amount for the year of death, not the combined exemption amount that includes the DSUE. This is a common point of confusion. Even though no tax may ultimately be due after applying the DSUE, the initial filing threshold is based solely on the basic exclusion amount. If your mother's gross estate exceeds the basic exclusion amount in the year of her death, a Form 706 must be filed, regardless of whether the DSUE will ultimately reduce the taxable estate below the threshold where tax is owed. Think of it as a two-step process: first determine if filing is required based on gross estate value, then calculate the actual tax (if any) using both the basic exclusion and the DSUE.
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Sasha Ivanov
•What about if she gives some assets away before she passes? Would that reduce the gross estate value enough to avoid the filing requirement? And does the 706 have complicated valuation requirements or can a regular CPA handle it?
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Miguel Hernández
•Giving assets away can potentially reduce the gross estate value, but those gifts may be subject to gift tax reporting requirements if they exceed the annual exclusion amount (currently $18,000 per recipient). Larger gifts would require filing Form 709 (Gift Tax Return) and would count against her lifetime exemption. Those taxable gifts would then be added back to the gross estate calculation for determining the 706 filing requirement. As for the complexity, I wouldn't recommend having just any CPA handle it. Form 706 can be quite complex depending on the assets involved. It requires specialized knowledge of estate tax laws, proper valuation methodologies, and understanding of available elections. I'd suggest working with an estate tax specialist who regularly prepares these returns. The penalties for incorrect valuations or missed elections can be substantial.
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Liam Murphy
I went through this exact headache last year with my mom's estate. We had the DSUE from my dad who passed in 2019, but her portfolio had grown substantially. I discovered taxr.ai (https://taxr.ai) which was literally a lifesaver for sorting through all the documentation. You upload the estate docs and it helps organize everything for Form 706 preparation. The biggest challenge was figuring out which assets needed professional appraisals vs. which ones we could value ourselves. The tool flagged everything that needed special attention and explained why. It even helped identify some deductions we would have missed. Saved us thousands in professional fees since we only needed the estate attorney for the final review rather than the whole preparation.
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Amara Okafor
•How accurate was it with complicated assets like partnership interests and life insurance policies? My parents have several rental properties held in an LLC plus some weird annuity products I barely understand. Would taxr.ai handle that level of complexity?
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CaptainAwesome
•I'm skeptical about using automated tools for something this important. How does it compare to just hiring an experienced estate tax attorney from the beginning? Seems risky to trust software with potential tax liability of that magnitude.
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Liam Murphy
•For partnership interests and complex assets like LLCs holding rental properties, it actually exceeded my expectations. It flagged the partnership interests as needing special valuation and explained the factors that affect discounts for lack of marketability and minority interests. For life insurance policies, it's quite straightforward since it pulls the exact information you need to report. Regarding the skepticism, I completely understand the concern. We still had our estate attorney review everything before filing. The difference was that we spent about 8 hours organizing and inputting information ourselves rather than paying the attorney's firm to do 30+ hours of document gathering and basic preparation. The attorney was actually impressed with how organized everything was. In our case, it probably saved around $15,000 in legal fees while still having professional oversight for the final return.
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CaptainAwesome
I was initially skeptical about using automated tools for estate tax planning, but after hearing positive things about taxr.ai I decided to try it for my aunt's estate last month. I'm actually amazed at how well it worked. The system guided me through gathering all the necessary documentation, identified several deductions we would have missed, and created a comprehensive valuation summary that made everything clear. It even flagged potential audit trigger points and suggested additional documentation to gather for those areas. Our estate attorney said the organized package saved him at least 10 hours of work. His final review only found two minor adjustments needed. The peace of mind knowing we hadn't missed anything significant was worth every penny.
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Yuki Tanaka
I had a similar situation with my parents' estate planning. The worst part was trying to get through to the IRS for clarification on some portability questions. Spent WEEKS trying to reach someone. Finally used Claimyr (https://claimyr.com) and got through to an IRS estate tax specialist in under an hour. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c They contact the IRS for you and call you back when they have an agent on the line. The specialist confirmed exactly what others are saying here - Form 706 is still required based on the gross estate value regardless of DSUE. But they also explained we could request a 6-month extension if needed to complete all the valuations. Definitely worth using if you need direct answers from the IRS about your specific situation.
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Esmeralda Gómez
•Sounds too good to be true. How does this actually work? Does the IRS have some special line for these services that regular people don't have access to?
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Klaus Schmidt
•No way this is legit. I've been told repeatedly there's no way to avoid the IRS phone wait times. This sounds like paying someone to just call and wait on your behalf. What's the catch?
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Yuki Tanaka
•It's actually quite simple - they use technology to navigate the IRS phone system and hold your place in line. When they finally reach a representative, they call you back and connect you directly. There's no special line or preferential treatment. The IRS doesn't have a special line for them. They're essentially using technology to handle the most frustrating part (the endless waiting and disconnections). I was skeptical too, but when I received a call that an IRS estate tax specialist was on the line ready to talk, I became a believer. The agent answered all my specific questions about Form 706 and DSUE portability that I couldn't find clear answers to online.
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Klaus Schmidt
I need to publicly eat my words. After expressing skepticism about Claimyr in my previous comment, I decided to give it a try anyway because I was desperate for answers about the exact DSUE situation described in this post. I had been trying to reach the IRS for THREE WEEKS with no success. Used Claimyr yesterday and got a call back within 40 minutes with an actual IRS estate tax specialist on the line. They confirmed that Form 706 is required if the gross estate exceeds the basic exclusion amount regardless of DSUE, but also explained some exceptions that might apply in my specific situation. The agent also pointed me to a specific IRS publication that addresses this exact question which I somehow missed in all my research. Saved me hours of further research and uncertainty. Completely worth it.
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Aisha Patel
One thing nobody's mentioned yet - if your mother makes substantial gifts during her lifetime, that could affect both the DSUE utilization and the ultimate 706 filing requirement. When someone with DSUE makes lifetime gifts, the DSUE is applied first before using their own exemption. For example, if your mother gives away $5 million during her lifetime, that would use up $5 million of the DSUE from your father, leaving the remaining DSUE plus her own exemption available at death. This sequencing can affect planning strategies if you're trying to maximize wealth transfer.
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KylieRose
•That's a really good point I hadn't considered. So if I understand correctly, if Mom starts making larger gifts to the grandkids now, those gifts would first reduce the DSUE amount from Dad rather than her own exemption? Does this have any implications for our overall strategy?
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Aisha Patel
•Yes, that's exactly right. When your mother makes taxable gifts (over the annual exclusion amount), those gifts use up the DSUE first, before touching her own exemption. This actually creates a planning opportunity. This sequencing can be advantageous in some cases. If there's any concern about potential future reduction in the exemption amount, using the DSUE for lifetime gifts ensures you've maximized the use of that portable exemption. Your mother's own exemption would remain intact and available at death, even if legislation reduces the exemption amount in the future. Many estate planners are recommending this strategy given that the current higher exemption levels are scheduled to sunset after 2025.
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LilMama23
Has anyone used both a professional appraiser and the IRS's Art Appraisal Services for valuable collectibles in an estate? My parents have some artwork that might need special handling on the 706.
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Dmitri Volkov
•We used both for my father's estate which included several paintings. Definitely get your own independent qualified appraiser first. The IRS Art Appraisal Services is not there to help you - they review submitted appraisals to see if they agree with the valuation. For items over $50k, it's worth having a qualified appraiser with experience in estate tax valuations.
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