In general, estate tax returns for U.S. residents are due nine months after the date of the decedent’s death. in order to obtain a six-month extension in to file Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return) , an extension, known as Form 4768 (Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes) must be filed within nine months of the date of the decedent’s death.
Nevertheless, the IRS, in Notice 2012-21 (February 17, 2012), grants an extension of time to file Form 4768 (Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes) and Form 706 solely to elect portability of a deceased spousal unused exclusion amount. Notice 2012-21 addresses the estate of a decedent (1) whose date of death is after December 31, 2010, and before July 1, 2011;(2) who is survived by a spouse; and (3) whose gross estate does not exceed the $5,000,000 basic exclusion amount for 2011. That estate may file an extension and estate tax return no later than 15 months after the date of the decedent’s death.