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Open Estate FEIN?

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    Open Estate FEIN?

    In case of a decedent, if the heirs quickly divide the estate, and there is no appreciable income during the existence of the estate, I don't file an SS-4 and worry the IRS or anyone else about opening up an estate tax #.

    On July 5th, Mr. Ellis died, with about $10,000 in cash, 140 acres of land, and a fully-depreciated tractor with attachments worth about $5,000. The heirs have already split the cash, have surveyed and a splitting the land, and have sold the tractor for $5,000.

    Normally, I see no reason to open up an estate FEIN #. Simply add maybe $20 in interest onto his Schedule B, and put everything on the 1040, including a 4797 for the sale of the tractor. (split between capital gains and depreciation recapture).

    However, the capital gains rate on his 1040 will be 0%. Technically it was all passed through to the heirs, and ALL of them are in a tax bracket of 25% or higher. Without a 1041 and K-1 to the heirs, there is no way to pass the income to the heirs so that the proper capital gains rate will apply.

    Are we stuck with having to open a FEIN# for this short-lived estate, or is there a simpler way?

    [Please, no lectures about me wanting to take short-cuts. Even the IRS doesn't like to open accounts and process returns when they are useless]

    #2
    step up?

    Doesn't the tractor pass to the heir at FMV, so no gain or loss?

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      #3
      Yes - Misstatement

      Yes Abby - the tractor is stepped-up unless the father reports it. The statement "such that the proper capital gains rate will apply" is in error. So actually, there is no tax either way because if the father reports it, there is 0% capital gains rate, and the rest of his income will not exceed his std deduction/exemption. Sorry - I did know better but nonetheless a very amatuerish mistake.

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        #4
        no sweat

        Don't sweat it, Snag

        I make two mistakes a day, just to keep in practice - and sometimes both before breakfast.

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