Notice 2015-57

Part III. Administrative, Procedural, and Miscellaneous
Due Dates for Compliance
with § 2004 of H.R. 3236,
Consistent Basis Reporting
Between Estate and Person
Acquiring Property from
Decedent
Notice 2015–57
SECTION 1: PURPOSE
On July 31, 2015, the President of the
United States signed H.R. 3236, Surface
Transportation and Veterans Health Care
Choice Improvement Act of 2015 (P.L.
114 – 41), into law. Section 2004 of H.R.
3236 enacted sections 1014(f) and 6035.
For each statement required by section
6035 to be filed with the Internal Revenue
Service (IRS) or furnished to a beneficiary
before February 29, 2016, this notice delays until February 29, 2016, the due date
for filing or furnishing that statement. This
notice applies to executors of the estates
of decedents and to other persons who are
required under section 6018(a) or (b) to
file a return if that return is filed after July
31, 2015.
SECTION 2: BACKGROUND
Section 1014(f) provides rules requiring that the basis of certain property acquired from a decedent, as determined
under section 1014, may not exceed the
value of that property as finally determined for federal estate tax purposes, or if
not finally determined, the value of that
property as reported on a statement made
under section 6035.
Section 6035 imposes new reporting
requirements with regard to the value of
property included in a decedent’s gross
estate for federal estate tax purposes.
Section 6035(a)(1) provides that the
executor of any estate required to file a
return under section 6018(a) must furnish,
both to the Secretary and the person acquiring any interest in property included
in the decedent’s gross estate for federal
estate tax purposes, a statement identify-

September 7, 2015

ing the value of each interest in such property as reported on such return and such
other information with respect to such interest as the Secretary may prescribe.
Section 6035(a)(2) provides that each
person required to file a return under section 6018(b) must furnish, both to the
Secretary and each other person who
holds a legal or beneficial interest in the
property to which such return relates, a
statement identifying the information described in section 6035(a)(1).
Section 6035(a)(3)(A) provides that
each statement required to be furnished
under section 6035(a)(1) or (a)(2) shall be
furnished at such time as the Secretary
may prescribe, but in no case at a time
later than the earlier of (i) the date which
is 30 days after the date on which the
return under section 6018 was required to
be filed (including extensions, if any) or
(ii) the date which is 30 days after the date
such return is filed.
Section 6035(b) authorizes the Secretary to prescribe such regulations as necessary to carry out section 6035. Section
7805(a) provides generally that the Secretary shall prescribe all needful rules and
regulations for the enforcement of this
title, including all rules and regulations as
may be necessary by reason of any alteration of law in relation to internal revenue.
Section 7805(b)(2) provides that regulations may apply retroactively if they are
issued within 18 months of the date of the
enactment of the statutory provision to
which they relate.
Section 6081(a) provides that the Secretary may grant a reasonable extension of
time for filing any return, declaration,
statement, or other document required by
this title or by regulations. Except in the
case of taxpayers who are abroad, no such
extension shall be for more than 6 months.

29, 2016. This delay is to allow the Treasury Department and IRS to issue guidance implementing the reporting requirements of section 6035. Executors and
other persons required to file or furnish a
statement under section 6035(a)(1) or
(a)(2) should not do so until the issuance
of forms or further guidance by the Treasury Department and the IRS addressing
the requirements of section 6035.
The Treasury Department and the IRS
expect to issue additional guidance to assist taxpayers with complying with sections 1014(f) and 6035. The Treasury Department and the IRS invite comments.
Submissions should be submitted to: CC:
PA:LPD:PR (Notice 2015–57), Room 5203,
Internal Revenue Service, P.O. Box 7604,
Ben Franklin Station, Washington, DC
20044. Submissions may be hand delivered
Monday through Friday between the hours
of 8 a.m. and 4 p.m. to CC:PA:LPD:PR
(Notice 2015–57), Courier’s Desk, Internal
Revenue Service, 1111 Constitution Avenue,
NW, Washington, DC 20044, or sent electronically, via the following e-mail address:
Notice.comments@irscounsel.treas.gov.
Please include “Notice 2015–57” in the subject line of any electronic communication.
All comments submitted will be available
for public inspection and copying.

SECTION 3: GUIDANCE

The principal author of this notice is
Theresa Melchiorre of the Office of the
Associate Chief Counsel (Passthroughs &
Special Industries). For further information regarding this notice contact Theresa
Melchiorre at (202) 317-6859 (not a tollfree number).

For statements required under section
6035(a)(1) and (a)(2) to be filed with the
IRS or furnished to a beneficiary before
February 29, 2016, the due date under
section 6035(a)(3) is delayed to February

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SECTION 4: EFFECTIVE DATE
This notice is effective on August 21,
2015. This notice applies to executors of
the estates of decedents and to other persons who are required under section
6018(a) or (b) to file a return if that return
is filed after July 31, 2015.
DRAFTING INFORMATION

Bulletin No. 2015–36